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(영문) 대구지방법원 김천지원 2016.07.05 2016고합5
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등
Text

A defendant shall be punished by imprisonment for seven years.

For a person who has requested an attachment order, an electronic tracking device shall be attached for a period of five years.

Reasons

Criminal facts

The facts constituting the ground for the attachment order and the defendant and the person who requested the attachment order (hereinafter referred to as the "defendant") are the victim C (nive, 17 years old), and the victim is a person with a disability of brain 5 years old, who can not walk the left arms and legs in mind.

On April 25, 2004, the Defendant died of the victim's additional death on April 25, 2004, and the family member of the victim got the victim to live together at the family of the Defendant, and exercised abusive and violent violence against the victim, etc. and took physical and emotional abuse.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (compacting between persons with disabilities, etc.) the Defendant, at the home of the Defendant No. 201 of the Gu/U.S.A. D House No. 201 of any day in any day, off the victim who reported television, in his/her room, and her refusal to do so;

Despite the fact, the victim was forced to be off the clothes of the victim, placed on the floor, had sexual intercourse once, and had sexual intercourse with the victim who has a physical or mental disability by force.

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

A. On the day of the second half of 2012, the Defendant, at the home of the above defendant, entered the room of the victim who was diving, and committed an indecent act by force against the victim who was in kinship with interest of the disabled by making the fry of the victim's chest after being frighted from the mashing.

B. On the day of 2015, the Defendant, at the home of the above Defendant, entered the room of the victim who was diving, and committed an indecent act by force against the victim, who was in the relationship with interest of the disabled, by making the victim's chest and the fela inception to fry from the masha.

3. A special intimidation: (a) around November 19, 2015, the Defendant: (b) around 07:00, at the home of the above Defendant; and (c) whether the victim “drawed with her birth.”

“Along with the principle of good faith, the victim’s side gate, which is a dangerous thing that was located in the house on the ground that it is considered as being based on “the total length of 15cm”, is added.

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