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(영문) 제주지방법원 2015.04.30 2014고합190
성폭력범죄의처벌등에관한특례법위반(장애인준강간)등
Text

A defendant shall be punished by imprisonment for four years.

The information on the accused shall be disclosed through an information and communications network for five years.

Reasons

Criminal facts

【Criminal Power】 The Defendant and the person to whom the attachment order was requested (hereinafter referred to as the “Defendant”) shall be sentenced to a suspended sentence of two years or more on May 15, 2014 to imprisonment for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse and on April of the same month at the Jeju District Court, which became final and conclusive on the 23th of the same month, and are currently in the grace period.

【Criminal Facts】

1. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape-rape of Persons with Disabilities) found a victim D (in 48 years old, 48 years old, 2 grade 2) who is a neighboring family of the Defendant’s residence in Seopopo City C under the pretext that the Defendant, who was a seafarer at the time of September 10:20 on September 13, 2014, did not have the ability to discern things or make decisions on his/her will due to the climatic personality disorder, and the symptoms of alcohol dependence, etc., and tried to find a victim who was mixed with the scheme and to have sexual intercourse with the victim.

Accordingly, the Defendant, due to intellectual disorder, did not have the ability to communicate with the victim normally and make judgment, exceeded the victim's lower part of the victim, followed up the victim's body, and removed the victim's body, followed up the Defendant's attempt to have sexual intercourse, but attempted to have sexual intercourse with the mother of the victim who returned home.

Accordingly, the defendant tried to have sexual intercourse with the victim by using that victim was unable to resist or resist due to mental disability.

2. 폭행 피고인은 기질적 인격장애 및 알코올의존성 증후군 등으로 인하여 사물을 변별하거나 의사를 결정할 능력이 미약한 상태에서, 위 일시, 장소에서, 위와 같이 D을 간음하려다 D의 모친인 피해자 E(여, 78세)에게 발각되자 당황하여 황급히 바지를 올려 입고는 피해자에게 달려들며"어떵헙니까, 잘못한거...

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