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(영문) 창원지방법원 진주지원 2014.05.15 2013고합116
성폭력범죄의처벌등에관한특례법위반(장애인피보호자간음)
Text

A defendant shall be punished by imprisonment for six years.

The defendant shall be ordered to complete a sexual assault treatment program for 160 hours.

Reasons

Criminal facts

The facts leading to medical treatment and custody and the fact that the defendant and the respondent for medical treatment and custody (hereinafter referred to as the "defendant") are social workers of D, a communal living home in Sacheon-si C, and the above head of the facility E and the couple, and the victim F is the victim of the intellectual disability of Grade II who is admitted to the above "D" around June 2009.

1. On May 2013, the Defendant committed a crime in the middle of May 2013, and around 19:00 on May 2013, 2013, the Defendant stated that all other people in the above facilities are engaged in experiential learning and are in the victim F (n, 11 years of age), and G (n, 12 years of age, and 3 grade of intellectual disability). In the middle of the above facilities, the Defendant was sexual intercourse with the victim by having the victim knee and panty knee and sexual intercourse.

2. On July 20, 2013, the Defendant committed the crime of July 20, 2013: (a) around 19:00 on July 20, 2013, the Defendant did not have all other people in the above facilities; (b) told the victim to the middle room of the above facilities in the cresh of the victim F (n, 11 years of age) and the said G only, and got the victim to kne and panty to kne, and rape the victim by having sexual intercourse once.

3. On November 13, 2013, the Defendant committed the crime of November 2013, 2013: (a) stated that the Defendant did not have all other persons in the above facility; (b) did not have all other persons; and (c) stated that only the Victim F (F) is only 12 years of age; and (d) stated that the Defendant was the first room of the above facility, “I knee and panty are off and kneed,” and said, “I knee and panty are sexual intercourse,” and “I knee and rape the victim by having sexual intercourse.”

Accordingly, the Defendant, as an employee of a facility for protecting and educating persons with disabilities, has sexual intercourse three times with the victim, who is subject to protection and supervision, due to mental disability.

[Facts that cause medical treatment and custody] The defendant is a person who is engaged in a facility for the protection, education, etc. of persons with disabilities and is subject to protection and supervision as above facts of crime.

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