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(영문) 서울중앙지방법원 2012.06.29 2011고합1566
성폭력범죄의처벌및피해자보호등에관한법률위반(장애인에대한준강간등)
Text

A defendant shall be punished by imprisonment for four years.

The defendant's disclosure of information about the defendant is made through an information and communications network for five years.

Reasons

Punishment of the crime

On May 20, 2005, the Defendant was sentenced to three years of imprisonment with prison labor for the crime of bodily injury at the Seoul Central District Court on March 20, 2008 and completed the execution of the sentence at the Seoul Southern Prison on March 20, 2008. On September 3, 2009, the above court sentenced four months of imprisonment with prison labor for larceny, and the judgment became final and conclusive on November 7, 2009.

Since 2003, the Defendant became aware of the fact that the victim C(M, 35 years of age) was suffering from intellectual disability 2 who had been living in the Nowon-gu Seoul Station as a person who had been living in the Nowon-gu area, etc., and was living in the Nowon-gu.

After the completion of the sentence on March 20, 2008, the Defendant used the victim's intellectual ability to talk again in the vicinity of the Seoul Station, the Defendant had been able to engage in sexual intercourse with the victim by using the victim's intellectual ability to do so.

1. The defendant from the end of July 2008

8. Until the beginning, the victim was given money to the victim in order to have sexual intercourse with the victim, and the victim was transferred to D in Jung-gu Seoul, Jung-gu, and the victim was exempted from the clothes of the victim and had sexual intercourse with the victim once by taking advantage of the victim’s mental disability.

2. On August 2008, the Defendant, at the Jung-gu, Seoul Eelbel in Jung-gu, Seoul, took advantage of the victim’s mental disability as referred to in paragraph (1) and took advantage of the victim’s condition of failing to resist, taken the victim out and taken a bath, and sexual intercourse once with the victim.

3. On December 30, 2008, the Defendant, in contact with the victim in Busan around December 30, 2008, went to Busan to have sexual intercourse with the victim. On the same day, the Defendant, at the inn where it is impossible to know the trade name near Busan Dong-gu, but at around 22:00 on the same day, had sexual intercourse once with the victim by taking advantage of the victim’s mental disability such as Paragraph 1.

4. The defendant, on December 31, 2008, in order to contact the victim in Busan around December 31, 2008 to have sexual intercourse with the victim.

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