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(영문) 춘천지방법원 강릉지원 2015.03.12 2014고합133
성폭력범죄의처벌등에관한특례법위반(장애인준강간)등
Text

Defendant

A Imprisonment with prison labor for nine years and for eight years, respectively.

With respect to the Defendants, 80 hours are 80 hours.

Reasons

Punishment of the crime

[criminal power] On December 8, 201, Defendant B was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) at the port branch of the Daegu District Court on the Republic of Korea on December 8, 2011, and the execution of the sentence was terminated on February 25, 2013. On July 3, 2014, Defendant B was sentenced to ten months of imprisonment with prison labor for the crime of damage to public goods, etc. on October 30, 2014.

【Criminal Facts】

1. The Defendant: (a) while living together with D and March 2013, while living together with his mother of the Victim A and his husband and wife, reported marriage on November 5, 2013; (b) was legally married; and (c) the Victim E (the age of 17) was a person with intellectual disability Grade 32 and 47 intellectual disability with social index 47, and maintained de facto marital relationship.

On October 2013, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape with Relatives) and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape with Disabled Persons) around 23:30 on the same day and around 23:30 on October 2013, at the house where the victim and the Defendant living together with the victim living, put their fingers on the bed of the victim in the bed and taken the chest in the bed while the locked, and the victim was unfolded from the bed so that the victim is "wes off, swes off, swes off, swes off, swes off, swes the victim's will and panty, exceeded the Defendant's panty, and put them into the Defendant's right hand and panty hand on the part of the victim's sexual intercourse.

Although the victim continued to do so by "I have known, known, and known his sexual organ," the Defendant had sexual intercourse by inserting his sexual organ in the victim's sexual organ."

Accordingly, the defendant goes off the clothes of the victim in a state of difficulty in resisting or resisting due to the above intellectual disability, and is a relative by inserting the defendant's sexual organ into the part of the victim.

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