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(영문) 서울중앙지방법원 2015.12.11 2015고합357
성폭력범죄의처벌등에관한특례법위반(장애인준강간)등
Text

1. The punishment of the accused shall be five years;

2. A program for treating sexual assault for 40 hours against the accused.

Reasons

Punishment of the crime

"2015 Gohap357"

1. On April 11, 2015, around 11:20, the Defendant: (a) committed an act in front of D nearby D, located in Seoul Special Metropolitan City, Nowon-gu, and (b) went to the victim’s hand with the victim’s hand with the victim’s hand for the purpose of discovering and having sexual intercourse with the victim’s E (the victim’s age 38) with the aim of finding the victim’s mental and intellectual disability with a natureless mental disorder; (c) and (d) having sexual intercourse with the victim’s hand.

Accordingly, the defendant induced the victim for the purpose of sexual intercourse.

2. On April 11, 2015, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (rape-rape of Persons with Disabilities) committed an indecent act by inserting the victim's entrance into the victim who is difficult to resist the above elevator's door at Grade 1 with a mental disorder of the victim who closes down the above elevator's door in the F apartment 303-dong 1, Seoul Special Metropolitan City, and 303-dong (hereinafter referred to as the "F apartment 303-dong elevator"), putting the victim's hand in the victim's inner part, putting the victim's chest into the victim's chest, and putting the victim's chest into the defendant's house, and threatening the victim's knife the victim's knife with knife and knife the knife.

Accordingly, the defendant has sexual intercourse with a victim who is in a difficult situation due to mental disability.

On July 26, 2015, the Defendant: (a) around 01:30 on July 26, 2015, 2015, the Defendant was forced to commit an indecent act by force against the victim H (31 years of age) from the sexual flag of the victim H (31 years of age) in a state of resisting because he/she was fright back from the Defendant’s side to the Defendant’s side, from the 12-dong, Haak-dong, Seoul Detention House G, which was located in 143, G, 143.

Summary of Evidence

"2015 Gohap357"

1. Defendant's legal statement;

1. Stenographic records, CCTV video CDs and written opinions;

1. A report on internal investigation (related to the initial reporter's statement and attachment of photographs, related to the securing of CCTV image images), investigation report (in case of emergency arrest, photographs, etc. at the scene of the crime, and replies with the request for appraisal by the State and the water);

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