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(영문) 대전지방법원 2014.02.14 2013고합493
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등
Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

1. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (compacting between the disabled persons, deceptive scheme, etc.) discovered that the disabled victim D (the disabled, the age of 32, and the mentally disabled class 3) was seated in front of the Daejeon-gu Daejeon apartment, Daejeon in 2012, and took the injured victim's hand back to the defendant's house by taking the injured party's hand, and forced the injured party to take off all the clothes of the injured party's bridge, and forced the injured party to have sexual intercourse with the mentally disabled person by force.

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

A. On April 2013, the Defendant: (a) discovered a victim in the vicinity of the above apartment, and caused a defect in the victim’s shoulder, and (b) took off the victim’s shoulder to a reporter in the front of the xxdong of the said apartment; (c) did not refuse to do so; and (d) took part in the victim’s bxdong, and frighted the victim into his hand; and (d) made indecent act by force on the part of the victim who was physically disabled.

B. At around 18:00 on May 20, 2013, the Defendant: (a) committed indecent act by force against the victim with mental disorder, such as: (b) the victim’s discovery of the victim in the vicinity of the above apartment; (c) the victim knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Application of each of the Acts and subordinate statutes stated in the written opinion of experts on sexual assault against children with disabilities and investigation reports (a copy of the back of a welfare card);

1. Article 6 (5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Punishment, etc. of Sexual Crimes concerning the crime, Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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