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(영문) 대구지방법원 2016.01.22 2015고합464
성폭력범죄의처벌등에관한특례법위반(장애인준강간)등
Text

A defendant shall be punished by imprisonment for seven years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

The Defendant, his father, was aware of the fact that the victim’s father C was a person with hearing disability with insufficient ability to discern things. On April 15, 2015, the Defendant found C’s house located in Busan Metropolitan City D (hereinafter “house”) and performed C and alcohol for the first time, and considered E (27 taxes, intellectual disabilities, and intelligence index 52) as his father.

The Defendant, while drinking with the victim, knew that the victim has weak ability to discern things and expressed opinions as a mentally disabled person, and C has insufficient ability to protect the victim, and used it to have sexual intercourse or indecent act with the victim.

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

A. On April 15, 2015, the Defendant, at around 19:30 on April 15, 2015, drinked with C while drinking together with C. The Defendant also drinked the victim’s alcohol.

At the same time, the defendant sits on the side of the defendant, and the victim's buckbucks did not buck the victim's spucks in a timely manner by drinking the victim's indecent act.

B. On April 16, 2015, at around 19:00, the Defendant: (a) reported that the victimized person saw the instant cups as a cleaning agent; and (b) brought about the victim’s chests in the aftermath of the instant cleaning agent’s mind to commit an indecent act; and (c) brought the victim’s chests by hand.

Accordingly, the defendant committed an indecent act on the part of the victim who has a mental disability twice in total.

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

A. On April 15, 2015, the Defendant entered the victim’s room in the above house on April 15, 2015, and came to enjoy a computer from the victim’s side.

In other words, the victim had sexual intercourse once after the victim's her her her her her her her her her her her her her her her her her,

B. On April 16, 2015, the Defendant entered the victim’s room located in the said branch and carried out a computer next to the victim.

In other words, the victim had sexual intercourse with the victim once after the victim got her her son and her chest with his her her son.

(c)

The defendant on April 2015.

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