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(영문) 서울북부지방법원 2015.11.06 2015고합125
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)
Text

A defendant shall be punished by imprisonment for six years.

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

(e).

Reasons

Punishment of the crime

In a case where a person is found guilty of committing a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, a separate judgment shall not be made against the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which is officially indicted.

On November 6, 191, the Defendant, as a foreigner of four arms, entered into the country of tourism with the current illegal stay, and came to know of the victim E (the age of 18) (the intelligence index 64, the sociality index 57) who had intellectual disability (the level of intelligence index 64, the sociality index 57) with the above F’s wife for two years.

The Defendant, around 12:30 on October 2014, 12:20 on the day before the departure of GJ No. 1 in Dongdaemun-gu Seoul, Dongdaemun-gu, and told the victim as above and led him to attract the victim to the office of the Defendant located in Jongno-gu Seoul, Jongno-gu.

The Defendant, while engaging in the conduct of booming boom at the Defendant’s house room, was able to move in the body of the victim who reported TV in the room, and the victim said that the victim did not want to do so, and was tightly laid off the victim’s shoulder on the floor by cutting down the victim’s shoulder, putting the victim’s hand on the room to the head, preventing the victim from leaving the victim’s hand toward his head, and cut off the victim’s chest with the victim’s upper part and boom, and boomed the victim’s chest as his hand.

이에 몸을 비틀면서 거부하는 피해자에게 재차 “괜찮아”라고 하면서 계속하여 피해자의 바지와 팬티를 벗긴 다음 피해자의 성기를 입으로 핥고, 피해자의 다리를 움직이지 못하도록 발로 누르면서 피해자의 몸 위에 올라타 피고인의 성기를 피해자의 성기에 삽입하여 위력으로써 아동청소년인 피해자를 1회 간음하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Each police statement made to E, F, and I;

1. E statements;

1. A photograph of the offender, each of whom;

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