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(영문) 서울북부지방법원 2017.08.11 2017고합145
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등
Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[criminal records] On September 11, 2013, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Incheon District Court, and completed the execution of the above sentence at the Incheon Detention House on January 29, 2014, subject to special reduction of punishment on April 11, 2014.

[Criminal facts]

1. On March 15, 2016, the Defendant: (a) demanded a victim D with intellectual disability 2, falling under the category of intellectual disability 2 that he/she became aware of through the “C”, a smartphone-type displayer, around 13:00 on March 15, 2016; (b) the victim refused the request; and (c) the victim rejected the request.

It is expected to spread a house and create a stove market.

The inside of the Republic of Korea shall be free of all the parts.

“Along with the purport that the victim frightened, the victim frightened in the front of the E film museum in the inside of 14:44 on March 15, 2016, and frightened from the victim, the victim frightened into the defendant’s residence located in the F apartment of Seoul Special Metropolitan City, Nowon-gu at around 16:30 on the same day, and fright off the victim’s clothes to the victim.

In high, the injured person, who was off from her face and her face, was off from the part of the injured person's chest, was off from the clothes of the injured person, was taken off from the part of the body of the injured person, and her kids the injured person once, and continued to have sexual intercourse with the injured person once, at around 01:19 on the following day, she was sat down the part of the injured person's chest by entering the above defendant's residence, she was placed in the resistance of the injured person's sexual organ, and again she had sexual intercourse with the injured person once.

Accordingly, the defendant has sexual intercourses over two occasions with a victim with mental disability by force.

2. On March 15, 2016, the defendant violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts, such as deceptive schemes against persons with disabilities) is placed in the residence of the defendant against whom his/her fingers are damaged, and the victim is free from office.

In the form of sound, the victim's fluorial part was led by the victim's fluorial part by his own loss, and then the victim's fluorial part was inserted into the victim's fluorial part.

Accordingly, the defendant is a victim who has a mental disability by force.

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