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(영문) 대전지방법원 2017.07.18 2017고합113
성폭력범죄의처벌등에관한특례법위반(장애인준강간)
Text

A defendant shall be punished by imprisonment for not less than five years and six months.

The defendant's information about the defendant is used by the information and communications network for ten years.

Reasons

Criminal facts

On July 15, 2014, the Defendant and the person to whom the attachment order was requested (hereinafter referred to as “Defendant”) were sentenced to eight months of imprisonment for a crime of interference with the performance of official duties at the Seoul Northern District Court, and completed the execution of the sentence on February 5, 2015. On December 9, 2016, the Daejeon District Court rendered a sentence of one year and six months of imprisonment and fine of three hundred thousand won on March 30, 2017.

On June 6, 2016, the Defendant: (a) around 09:30, at the bus stops in Thai-gun, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do; (b) in intelligence index (I Q) 47; and (c) social index (S Q Q) 46 degree of intellectual disability 3rd degree, the victim D (the age of 18), who was disabled by the Defendant, talks with a large amount of voice depending on music emitted from the Defendant’s MP3 display; (c) reported the form of dancing on the street, and had the victim known that there was a mental disorder, and had the victim used it to have sexual intercourse with the victim.

The defendant has access to the victim and sent the victim to the si, sent the victim to the si, and cross the victim's clothes in his/her residence at around 11:00 on the same day, he/she exceeded all the clothes of the victim in his/her dwelling in the 11:00 on the same day, talked with the victim's chest and fry, flad with each victim's chest, and flad with the victim's breast, and the victim

In this regard, the victim continued to have sexual intercourse once even though he/she expressed his/her intention to resist.

As a result, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental disability that he has difficulty in resisting or resisting.

(2) On July 1, 2010, the Defendant issued a summary order of KRW 500,000 to a fine for indecent act committed by force at the Seoul Central District Court on July 30, 2010, and on July 25, 2012, the Seoul High Court sentenced the Defendant to two years and six months of imprisonment and completed the enforcement of the sentence on May 1, 2014.

As above, the Defendant was sentenced to a punishment for committing a sexual crime and had a mental disability under the age of 19 again within 10 years after the execution of the sentence is completed.

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