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(영문) 전주지방법원 2018.12.21 2018고합249
성폭력범죄의처벌등에관한특례법위반(장애인유사성행위)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 80 hours.

Reasons

Punishment of the crime

The victim B(n, 56 years old) is the first disabled person of intellectual disability, and the victim C(n, 58 years old) is the third disabled person of intellectual disability.

The Defendant came to know of the victims while entering the comprehensive welfare center for persons with disabilities located in North Korea, and tried to commit indecent acts against the victims by using the victims’ ability to discern things due to intellectual disabilities significantly fall compared to normal persons.

1. Crimes against victims C;

가. 피고인은 2017. 4. 일자 불상 오전 경 전 북 D 소재 E에서 피해자 C를 만 나 ‘ 고사리를 꺽으러 가자 ’며 F 병원 뒤편 야산으로 피해자를 유인하였다.

The Defendant laid down the shoulder of the victim from a grass dry field where he is located, laid down the chest on both sides and booms, and laid down the fingers into the sound part of the victim.

Accordingly, the defendant committed similar acts to the victim by taking advantage of the fact that the damaged person is in a difficult state of resistance or resistance due to mental disability.

B. On January 2017, the Defendant enticed the victim at the mother’s “G” located in B located in B located in B located in B located in B located in B located in B located in B located in B located in B located in B located in B located in B located in B located in B located in B located in B located in B located in B located in B.

At the inside of the defendant's place, the defendant saw both breasts into the victim's upper part and the panty, and put them into the chest, and panty with the victim's panty and panty inside the sound part.

Accordingly, the defendant committed similar acts to the victim by taking advantage of the fact that the damaged person is in a difficult state of resistance or resistance due to mental disability.

(c)

On October 2017, the Defendant: (a) sent the victim before the I store located in the B of North Korea, the Defendant: (b) sent the victim to the F and I store in the B of the G; and (c) induced the victim to the F and I store in the middle of the day.

The Defendant, who sits in a grass dry field, frys the panty of the victim and the panty of the victim who sits in the dry field, and spanty of the victim.

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