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(영문) 수원지방법원 2018.08.20 2018고합207
성폭력범죄의처벌등에관한특례법위반(장애인준강간)등
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged is the same year from January 2012 to the defendant.

2. From the 28th day to the 20th day to the 20th day to the 20th day to the 20th day to the 30th day to the 2nd day of the intellectual disability that used the 2nd day to the 49th day to the 49th day to the 40th day to the 30th day to the 30th day of the age.

Even after the Defendant’s voluntary activities were taken, the Defendant sent contact with the victim by text message, etc., and even if the victim was 2 years old or more than the Defendant, he was aware that there was a tendency that the victim did not refuse to give others due to mental disability and did not respond with others with a positive response.

On September 19, 2017, the Defendant called the victim to the effect that he was “Mana,” and sent the victim to Helel located in the F station located in Sinpo City E in Sinposi, and got the victim to the Helel located in G in the same city around 19:30 on the same day.

Defendant 1 placed the victim on the floor of the toilet, and she placed the victim on the floor of the toilet, and she saw that “the victim’s conspiracy shall be cut due to a large amount of spawn,” the victim’s conspiracy was cut in entirety, and then the victim’s spawned with the victim’s spawn, and the victim’s spawned with the victim’s spawn and spawn with the victim’s spawn, the victim’s spawnd with the victim’s spawn, and continuously inserted the Defendant’s sexual organ into the part of the victim’s spawn.

As a result, the defendant committed a similar act with the victim by using the victim's in a state of difficulty to resist due to mental disability, and sexual intercourse with the victim.

2. The summary of the defendant's and his defense counsel's assertion (1) There is no fact that the defendant collected his hand from the victim's sound book or inserted his sexual organ into the victim's sexual organ.

(2) The victim did not have a mental disorder to the extent that he/she cannot exercise his/her right to sexual decision.

(3) The defendant is a mentally disabled person who has a mental disability falling under Grade III (Intelligent Index 58).

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