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(영문) 창원지방법원 거창지원 2018.01.25 2016고합7
성폭력범죄의처벌등에관한특례법위반(장애인위계등추행)등
Text

The punishment of the accused shall be determined by two years of imprisonment.

For the defendant, 40 hours of sexual assault treatment program.

Reasons

Punishment of the crime

The Defendant 2016 Gohap 7 had employed the victim E (37 years) with the intelligence index 34 physically handicapped at the time of operating the repair of the key from the 1st floor of the building in the Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant committed an indecent act against the victim by continuously resisting the victim’s sexual organ and behavior by making use of the victim’s speech that he did not properly express his intent due to delay, or by inserting his sexual organ into the victim’s resistance.

1. On February 16, 2016, the Defendant sought the victim who works in G Mart located in the Gyeongnam-gun, Chungcheongnam-gun, Gyeongnam-gun on February 15, 2016, and called “H 2:0 p.m. in the inside 2:0 p.m.,” and then, on February 16, 2016, the Defendant carried the victim who was found in the H studio owned by himself in the Gyeongwon-gun, Chungcheongnam-gun, Gyeongnam-gun, Seoul, and went to the said studio rooftop.

In the latter, the above H studio, the Defendant continued to have sexual assaulted from the time when the victim was in employment relationship, the Defendant was placed, and the physically handicapped first grade mental disorders caused by the mental disorder of the physical disability, and the Defendant refused to follow or resisting the direction of the Defendant, and the victim was off by hand, so as to prompt the victim’s sexual organ, and then rein the victim’s sexual organ as soon as possible, and then put the victim into the victim’s sexual organ in the victim’s resistance.

Accordingly, the defendant committed an indecent act against the victim with mental disability by force.

2. On February 29, 2016, the Defendant, at the above G Mart around February 28, 2016, called “A by no later than 9:00 on the following day” to the victim from the above G Mart, and then called “A by no later than 9:00,000 on February 29, 2016, followed by the victim who was found in the above H H H room room around 10:22 on February 29, 2016.

After that, the above H room, the Defendant continued to have sexual assaulted from the time when the victim was in an employment relationship, and the Defendant was placed, and the Defendant was physically handicapped.

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