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(영문) 수원지방법원 2019.05.09 2019고합9
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

The defendant is the head of the U.S.A. who is a subsidiary of the Cpsyun-gu Cpsyun-gu Cpsyun (the cleaning services related to the above hospital) and has been in charge of the direction and supervision of the members of the U.S. dollars belonging to the U.S. team.

Victim E (hereinafter referred to as “victim E”) is a person of Grade II with intellectual disability that requires social protection because it is difficult to properly and sufficiently communicate with others as an intelligent index 64, who worked as U.S. dollars in the above corporation D, and is in need of social protection because it is difficult to regulate and take responsibility for his own behavior in a well-founded state with emotional and character.

The Defendant used the fact that the victim lacks the ability to properly cope with the Defendant’s sexual demands due to his/her job load relationship and disability status, and led the victim to commit sexual assault against the victim.

1. From June 2017 to July 2017, the Defendant, at the office of the Defendant on the fourth floor of the building of the said C mental hospital research complex, was sitting the victim at a shock, and was seated next to the victim, and became the chest of the victim.

Accordingly, the Defendant committed an indecent act against a person with mental disability by force as above.

2. The Defendant, around the time and time under the above Paragraph (1), exceeded the victim’s will and sexual intercourse with the victim at the same place as the above Paragraph (1).

Accordingly, the Defendant had sexual intercourse with a person with mental disability by force as above.

3. From October 2017 to November 2017, the Defendant: (a) placed the victim at the same place as the foregoing paragraph 1; (b) laid the Defendant’s sexual organ at one fishing vessel; (c) laid the Defendant’s sexual organ into the shock, and embling the victim’s head.

Accordingly, the Defendant committed an indecent act against a person with mental disability by force as above.

Summary of Evidence

1. The defendant's legal statement; 1.1.

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