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(영문) 제주지방법원 2017.05.11 2016고합158
성폭력범죄의처벌등에관한특례법위반(장애인에대한준강간등)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is that the victim C (as such, 37 years of age, intellectual disability Grade 2) was judged as the intellectual disability grade 41, the intelligence index 41, the social index 49, and the social age 7.83 years of age on November 3, 1988, and the victim D (as a result of the examination conducted around June 2, 2016, intelligence index 41, social index 43, social age 6, and social disability 2 grade as the victim's speech and expression ability are reduced, and it is difficult for the victim to communicate with others because it is difficult for him/her to independently judge and act without the other person's help in the environment that is not well-known, and therefore, it is difficult for him/her to view it as necessary after continuous care of his/her guardian in ordinary daily activities.

In 2011, the Defendant got aware of the Victim C’s birth E, and then had such mental disability with the victim C in the process of exchanging with E, and the neighboring victim D, who resides in an apartment, such as the victim C, was aware of such mental disability, and was willing to have sexual intercourse with the victims by using the same.

A. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against the Victims C (rape of Persons with Disabilities) committed a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against the Victims, at the night site operated by the Defendant located in the Sinju City F in 2015, the Defendant sent E to the victim her house and waited for the victim’s house by driving his/her own cargo vehicle, leaving E and the victim her own cargo vehicle to the front of the victim’s house, leaving E and the victim her house at the above open space. The Defendant her singing together with E and the victim her singing, playing together with E and playing with the victim, and she was placed with E to the victim. Upon the occurrence of the occurrence of the victim, the Defendant exceeded the victim’s upper part, and added his/her sexual organ into the part of the victim, thereby making it difficult for the victim to use the victim’s sexual intercourse in a state where mental disorder or physical disability makes it difficult for the victim to resist.

(b) A victim;

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