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(영문) 대구지방법원 2015.06.05 2015고합86
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등
Text

A defendant shall be punished by imprisonment for five years.

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

Reasons

Punishment of the crime

The defendant knew that the victim D (Inn, 19 years of age, intelligence index No. 40), and victim E (In, 19 years of age, intelligence index No. 41) have a mental disorder, and had the victim committed sexual intercourse or indecent act with the victim by using the victim's secret compliance with minor coercion, direction, etc.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. On August 19, 2014, at around 19:00, the Defendant: (a) called “be off the clothes” to the victim D, who was contacted by the Defendant at the bottom of the national expressway bridge No. 34, Yacheon-gun, Yacheon-gun, Yacheon-gun, Yacheon-do; and (b) “I am off the four-way and am off the four-way face, I am out of the Dong-dong face; and (c) tried to get off the clothes on the floor board of the victim’s body, and inserted the sexual organ into the part of the other victim’s body. However, the Defendant was not well aware.

Accordingly, the Defendant returned the victim's body and attempted to insert the victim's sexual organ into the back side of the victim's body, but did not know it.

Accordingly, the defendant tried to have sexual intercourse with a victim who has a mental disability by force.

B. At the end of August 2014, the Defendant: (a) referred the victim D to “I have a fluent relationship;” and (b) took the victim’s hand to fluen the victim’s seat and led the victim to her seat.”

피고인은 그 과정에서 피해자로부터 “아파, 놔!”라는 말을 들었으나 피해자를 째려보듯이 인상을 쓰고 손을 들어 때릴 듯이 겁을 주어 피해자에게 옷을 벗고 그곳에 눕도록 한 후 피해자 위에 올라타 피해자의 음부에 성기를 삽입하였다.

Accordingly, the defendant has sexual intercourse with the victim who has a mental disability by force.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. The Defendant, on 2014, goes to work at the work of 08:00 on the date of his own name.

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