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(영문) 수원지방법원 2017.10.26 2016고합464
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등
Text

A defendant shall be punished by imprisonment for five years.

The defendant shall order the completion of a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The Defendant was in a de facto marital relationship from around May 8, 2015) and from around 1997. The Victim F is the first parent of E, and the victim G is a disabled person of Grade II with intellectual disability, and the victim G is a disabled person of Grade I with intellectual disability as a parent of F of the said victim’s interest.

1. Violation of the Act on the Punishment, etc. of Sexual Crimes (compact between persons with disabilities, etc.) was committed by the Defendant, as a de facto guidance of the Victim F (the age of 41 at the time), by witnessing the victim F (the age of 41), in a manner that the ordinary Defendant s/he talks or assaults to the victim E, who is the mother of the victim, and made it difficult for him/her to keep out of his/her intellectual ability and make it difficult for him/her to resist. Even if the victim

A. In January to February of 2013, the Defendant: (a) at the victim’s house located in the wife population H, and (b) at the victim’s house located in a place where the head was living together in order to hold the head; (c) the Defendant forced the victim between the above E and the victim who was living in the place of the said E and forced the victim to get out of the victim’s head, “if the other person is satisfy, it shall be dead;” and (d) made the victim satisf, left the victim’s head, and had the victim sexual intercourse by inserting the Defendant’s sex into the part of the

B. In May 2015, the Defendant had sexual intercourse with the victim by inserting the body of the victim (the age of 43 at the time) and his/her son’s son’s son’s son’s son’s’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son

As above, the Defendant, by force, had sexual intercourse with the victim of the second degree of intellectual disability over two occasions.

2. The accused against the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts, such as deceptive schemes against the disabled) shall be G.

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