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(영문) 대전지방법원 2018.07.19 2017고합476
성폭력범죄의처벌등에관한특례법위반(장애인위계등추행)등
Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On June 2017, the Defendant came to know of the victim D (nive, 19 years old) while holding the Internet C around B, 2015, and the victim was judged as Grade 2 of the intellectual disability around May 2015 and became a intellectual disability of Grade 3.

As above, the Defendant knew that the victim was unable to easily resist the demand of the Defendant due to intellectual disability, and had the victim committed an indecent act or sexual intercourse with the victim.

1. On October 2015, at the home of the defendant in the Dong-gu Daejeon-gu, Daejeon-gu, Daejeon-gu, the defendant: (a) whether there was a physiological disorder to the victim (at the time 17 years of age); (b) whether there was a physiological disorder;

The victim saw the victim's clothes out of the body of the victim by "I am booming my mythal blood," and the victim saw his fingers from his clothes and her fingers with his fingers, thereby committing an indecent act against the victim by inserting his fingers in the sexual organ of the victim.

2. On August 7, 2017, the Defendant, at the house of the Defendant located in the Dong-gu Daejeon, Daejeon on August 15:00, 2017, would sell the Defendant to the victim (at the same time, 18 years old).

In other words, the victim will come up with the defendant's house at the complex terminal located in the Dong-gu Daejeon Dong-dong, Daejeon, and will be inside the victim.

the victim's body is taken in the victim's body and the victim is off from panty.

When the victim refused to do so, the victim said that “the victim covered the forum,” and the victim frightened panty by himself/herself, and the victim’s sexual organ inserted the Defendant’s sexual organ into the victim’s sexual organ, thereby having sexual intercourse with the victim by force.

Summary of Evidence

1. Each legal statement of witness D and G;

1. Each police statement made with respect to G and H;

1. A stenographic record, a video recording CD for victims, and a written statement in D;

1. A certificate of persons with disabilities, statement assistant report, each psychological evaluation report, diagnosis certificate, basic survey card for persons eligible for special education, evaluation of students' health and physical strength, and victim's photograph;

1. Determination on the defendant of a reply to a request for appraisal and his/her defense counsel

1. The summary of the argument.

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