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Reasons
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(영문) 의정부지방법원 2015.10.22 2015고합119
성폭력범죄의처벌등에관한특례법위반(장애인유사성행위)
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A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

1. On April 2015, the Defendant: (a) entered the “Dial Seodaemun” history of the Defendant’s operation, which was located in Macheon-si, on April 2015, in order to force the victim E (the second-class disability victim E (the age of 28) with intellectual disability where the Defendant used to commit an indecent act by force; and (b) taken the victim into the said wording; (c) went out of the victim’s panty and panty into the victim’s sexual organ by hand; (d) the victim’s sexual organ was prompt; (e) the victim’s sexual organ was brupted; (e) the victim refused it; (e) the victim took a bath to the victim; and (e) pressures the victim’s resistance to the Defendant’s sexual organ.

Accordingly, the defendant threatened the victim with mental disability to put the victim's sexual organ into the victim's mouth.

2. On April 9, 2015, the Defendant, at the Defendant’s house of Macheon-si, F apartment 305, 203, 203, at the Defendant’s house, 305, and 203, allowed the victim to walk on the phone of the Defendant, and let the victim be placed on the floor of the victim within the room, and then allowed the victim to be placed off, off, and her part of the bry and clothes of the victim, off, and her part of the victim’s sexual organ with his/her hands off, and added the victim’s sexual organ to the victim’s her bry, but did not put the victim’s her bry and her sexual organ into the victim’s bat, but did not put into the victim’s bat, her bat and frightn the victim’s resistance to the Defendant’s sexual organ.

Accordingly, the defendant threatened the victim with mental disability to put the victim's sexual organ into the victim's mouth.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Investigation report (specific suspect);

1. An explanatory note (or a written opinion of an expert on sexual assault against children or persons with disabilities);

1. A telephone content CD;

1. Application of statutes on a copy of a welfare card;

1. Article 6 (2) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Aggravation for concurrent crimes;

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