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(영문) 춘천지방법원 2019.01.25 2018고합99
성폭력범죄의처벌등에관한특례법위반(장애인준강간)등
Text

The punishment of the accused shall be eight years of imprisonment.

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

Reasons

Punishment of the crime

The defendant, who is in a de facto marital relationship with the victim B (here, C) and was in a de facto marital relationship, was aware of the lack of intellectual ability of the victim due to mental disorders of Grade III of intellectual disability (total intelligence index 53, social index 67, and age 10), and was willing to have sexual intercourse with the victim by using it.

1. On 04:00, the Defendant, at the home of the Defendant’s office located in Gangwon-gu Branch Down-gun around 04:00, committed sexual intercourse with the victim by putting the victim’s mother out of his arms and panty, and inserting the Defendant’s sexual organ into the part of the victim’s sound, thereby having sexual intercourse with the victim by taking advantage of the victim’s mental disability, in a situation where the victim is unable to resist or resist due to a lack of resistance.

2. The Defendant, at the same Defendant’s home around 18:00 on spring 2017, had sexual intercourse with the victim by putting the victim out of the victim’s her panty and panty, and inserting the Defendant’s sexual organ into the part of the victim’s sound, thereby making it difficult for the victim to resist or resist due to mental disability.

3. The Defendant had sexual intercourse with the victim by putting the victim’s mother out of the victim’s panty and inserting the Defendant’s sexual organ into the part of the victim’s sound mind at the same Defendant’s house around the spring new wall around 2017, by putting the victim’s mother out of the victim’s panty and inserting the Defendant’s sexual organ into the part of the victim’s panty, thereby making it difficult for the victim to resist or resist.

4. On December 25, 2017, the Defendant: (a) at the Defendant’s house located in the Gangnam-gu E apartment of Gangwon-gu, Yangwon-gun around the new wall on December 25, 2017, the Defendant left the victim’s fright and panty, and added the Defendant’s sexual organ into the part of the victim’s sound, thereby making the victim unable to resist or resist due to mental disability.

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