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(영문) 대전지방법원 2014.10.02 2014고합198
성폭력범죄의처벌등에관한특례법위반(장애인준강간등)
Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete 40 hours of sexual assault treatment programs.

(e).

Reasons

Punishment of the crime

Defendant

In addition, the person subject to a request for attachment order (hereinafter referred to as the "defendant") is a person who works as a security guard in the Daejeon metropolitan building, and the victim D (22 years old) is a disabled person of Grade II with intellectual disability whose total intelligence index is 45, social adaptation index is 46, and social adaptation age is 8 years and 6 months.

1. The Defendant, on June 2013, dialogueed with the victim visiting the said C building, who talks with him/her around the said C building.

When the victim becomes aware of the fact that there is a disability, he had induced the victim to have sexual intercourse.

Accordingly, the Defendant induced the victim to a sloping room on the second underground floor, which did not enter the electricity of the victim, on the ground that the Defendant “I am off, I am off.”

The Defendant had sexual intercourse once with the victim by putting the victim on the bed part of the bed part of the bed part where the victim was unable to resist due to mental disability, putting the victim on the bed part of the bed part where the victim had been forced to resist, putting the Defendant’s sexual organ into the victim’s sexual organ.

2. After committing the crime as referred to in paragraph (1), the Defendant: (a) provided 15,00 won to the victim, while having provided 15,00 won to the victim; and (b) induced the victim, who did not properly recognize the meaning of sexual intercourse, to have the victim find it frequently in order to obtain the value.

On July 1, 2013, the Defendant had sexual intercourse once with the victim in the same manner as Paragraph 1 using the victim’s state of failing to resist due to mental disability on the second floor underground of the above C building.

3. On November 22, 2013, the Defendant had sexual intercourse with the victim under the same method as paragraph (1) using the victim’s state of failing to resist due to mental disability on the second floor of the above C building.

Summary of Evidence

1. Statement to the effect that the defendant has sexual intercourse with the victim at each time and place set forth in this Act;

1. The statement made by the victim D in the video CD;

1. A copy of the protocol of examination of witness (E), a copy of the protocol of examination of witness (F);

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