(영문) 청주지방법원 제천지원 2017.05.11 2017고합6

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자간(%)

(영문) 청주지방법원 제천지원 2017.05.11 2017고합6

성폭력범죄의처벌등에관한특례법위반(장애인준강제추행)등

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A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

As the E-Ban of D, the Defendant became aware of the Victim F (Grade 34 years of age, intellectual disability 3 years of age) working at the said Center.

The defendant was thought that the victim of peace was fluent due to intellectual disability, the horses were divided, and the defendant did not refuse another person's request. In particular, the defendant was fluent than the general public by making the victim fluor's body and fluence when the victim was fluord.

1. On October 15, 2016, the Defendant: (a) from around 13:00 to around 17:00, the H’s house located in 103 G G from 13:0 to around 17:00, the Defendant: (b) had the victim drinking alcohol drinked with H; (c) had the victim fright to commit an indecent act by using the victim’s intellectual disability that would have been aware of his/her refusal to express his/her contact; and (d) had the victim fright up to 10,00 won in his/her chest; and (d) had the victim fright back to his/her chest; and (e) had the victim frighted to fright to fright to fright to fright the television; and (e) had the victim fright to fright to fright the victim’s clothes; and (e) put the victim’s fright to fright the victim’s hand with his/her competent hand.

Accordingly, the Defendant committed an indecent act against the victim by taking advantage of the fact that the victim is unable to resist or resist due to mental disability.

2. The Defendant violated the Act on Special Cases Concerning the Punishment of Sexual Crimes (rape-rape of Persons with Disabilities) in the date, time, and place indicated in paragraph (1), had the victim feel sexual intercourse with the victim by using the victim’s intellectual disability that may not properly express his/her refusal, and caused the victim to see “I am outer.” On the same day, at around 17:30 of the same day, the victim came to be inside the Jel 2 guest rooms located I in Ycheon-si, Gyeongcheon-si, and let the victim go off the victim’s clothes from his/her body and sexual intercourse once with the victim’s body.

Accordingly, the defendant cannot resist or resist the damaged person due to mental disability.

유사 판례

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