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(영문) 울산지방법원 2014.09.19 2014고합123
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a company member.

The Defendant became aware of the Victim D(22 years of age) with mental disorders of Grade III and Grade III intellectual disability through the Internet hosting site "C", and came to know of the Victim D(22 years of age) with the victim's intellectual disability through hostings, etc., and contacted several times to meet the victim, but the victim was willing to commit indecent acts and sexual intercourse with the victim by using the fact that the victim's rejection was obstructive to the victim.

1. On November 22, 2013, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act against Persons with Disabilities) committed an indecent act on the road in front of the school drainage place located in Ulsan-gu, Ulsan-gu, Ulsan-gu, Seoul-do, with the victim's hand, brought the victim's bucks and bucks of the victim's hand while driving the vehicle, with the victim's bar and the victim's bucks in the car.

Accordingly, the defendant committed an indecent act by force on a person with mental disability.

2. The Defendant, at around 10:00 on the same day, went into the seaside parking lot located in Ulsan-dong, Ulsan-dong, Ulsan-do, and parked the vehicle with the above string in his body, and ordered the victim drinking, such as the Defendant’s behavior and intellectual disorder, to get the victim drinking, such as the Defendant’s behavior and intellectual disorder, to get off the clothes, and sexual intercourse by putting the mixed sea, which was prepared in advance by putting the victim’s body behind, and inserting the body of the victim’s body, and inserting his sexual organ into the negative part.

Accordingly, the defendant has sexual intercourse with a person with mental disability by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of prosecutor with D 1.

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