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(영문) 광주지방법원 2017.07.07 2017고합198
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

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

Reasons

Punishment of the crime

From March 21, 2017, the Defendant, “2017 Senior 198,” among the buildings located in Young-gun D before the victim C (the age of 52) was leased by the victim C (the age of 52), the six rooms were re-leased from the victim on March 21, 2017. From March 21, 2017, E and his family members, who are the victim’s wife, entered the above six rooms, and the above son’s children, etc. used the above six rooms and lived together with the victim, the victim, E, and the above son’s father and the male son were living together in the one room where the victim is born.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (e.g. between disabled persons);

A. On March 28, 2017, around 23:00 on March 28, 2017, the Defendant, on the part of the victim who was intending to grow in the 1st room of the above building, had the victim sexual intercourse with the victim who was physically and mentally disabled by force by inserting his/her hand in the clothes of the victim, making him/her talks with his/her chest and panty, and having the victim do so even though he/she did not want to do so and the victim does so.

B. On April 12, 2017, the Defendant 01:00 on April 12, 2017: (a) left the victim’s chest by her son who was living in the same place; (b) left the victim’s chest by her son; and (c) pushed the Defendant with her son; and (d) why the Defendant “I dle there is any pet,”

Despite the resistance called "Mara", the victim's will and panty exceeded, and the victim's body was sexual intercourse once with another victim who has a physical and mental disability by force.

2. On March 30, 2017, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (voluntary indecent act against persons with disabilities) committed an indecent act against the victim, who is in the same place as the above paragraph (1) at night, following the victim’s refusal to do so, despite the victim’s resistance, the victim’s fingers the victim’s chest by her hand, her panty, and forced him/her to commit an indecent act against the victim with physical and mental disability.

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