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(영문) 대구지방법원 서부지원 2016.09.22 2016고합110
성폭력범죄의처벌및피해자보호등에관한법률위반(장애인에대한준강간등)등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The victim D needs to be able to maintain cleanliness in daily life due to a mental divided disease, and to establish a cooperative relationship with the damaged net is a disabled person of Grade III with unstable mental disorder, and the defendant is a human relative of the victim for about 20 years prior to 20 years prior to the victim's death in the Eastern with the victim.

1. The defendant is willing to leave a vehicle to the victim D (at the time 48 years old) who met immediately in the Gyeong-gun E around 10:00 and immediately around 10:00 on April 2010, against the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (rape, etc. against the disabled).

On the other hand, the injured person committed an indecent act against the victim in a situation where he is unable to resist due to mental disorder, such as raising the victim's rank on the front side of the passenger car parked under the defendant's vehicle parked under the bridge up to the lower side, fasting the victim's breasts into his breasts, saving the victim's fingers, and intending to talk with the victim's fingers by inserting his hand on the part of the victim's seat.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. On November 17, 2015, the Defendant, at the house of the Victim D (Woo, 53 years old) located in the Sung-gun, Sung-gun, Gyeong-gun, Gyeongbuk-gun, around 2015, followed the coffee and sought the Victim, and divided the Victim into a wall, lying the Victim’s mother in the room, putting the Victim’s body on the wall, which was in a room for the protection of the mother of the Victim, and detained the Victim’s chest into a similar rape.

B. On November 18, 2015, around 18:00, at the same place as paragraph 2(a) of Article 2, the Defendant found the victim D (the age of 53) under the influence of alcohol, and laid off the victim’s mother at a wall where the victim’s mother was affiliated with the room, laid down the victim’s bridge on the top of the wall where the victim’s mother was affiliated with the room, forced the victim to set up a port to a port to a port to pressure the victim’s resistance, and fright the victim’s chest into the port to a port to a port, and then the victim’s breast.

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