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(영문) 대구지방법원 김천지원 2017.12.19 2017고합56
성폭력범죄의처벌등에관한특례법위반(장애인강간)등
Text

The punishment of the accused shall be four years of imprisonment.

The defendant shall complete a program for the treatment of sexual assault for 120 hours.

Reasons

Criminal facts

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape by Relatives) is a third-party relationship between the victim C (math, D’s birth), the Defendant was married to the Defendant on July 2016, 5 Dong-dong 513, old-si, Sin-si, the Defendant’s mother and the victim’s her mother and the victim’s her mother residence.

In stating, “The victim is placed on the floor,” and the victim’s body kid., who is against the victim’s body kidd., kids on the floor, kids the chest, kid by standing on the chest, standing alone, and forced the victim’s naty and panty to leave the chest, thereby suppressing the victim’s nasty, and committing rape against the related person by inserting the victim’s sexual organ into the part of the victim’s sound.

2. The parents of the victim of a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Punishment, etc. of Sexual Crimes (a violation by occupational force, etc.) have divorced from the victim, and the victim's mother has no ability to rear the victim due to his/her life, and the victim has lived in the childcare center for 10 years.

The Defendant became an adult and had the victim live in the above infant care center and without a specific residence, and had the victim live together with his care from February 2, 2017, and was in the status of protecting the victim as an external third village of the victim.

A. The Defendant had the intent to have sexual intercourse with the victim by prohibiting the victim from actively expressing his/her intent of refusal due to the fact that the victim was unable to inform him/her of the fact of damage in the surrounding area, and the victim’s timely voice and behavior at the time.

On March 2017, the Defendant: (a) at the escape room of G convenience store staff in the Gumisi F in which the Defendant works at the end of March 2017, the Defendant kis the victim’s face by kising kis; (b) after kising the victim’s finger by inserting his hand into the kis; (c) kis, kis the victim’s breast, kis the victim on the floor, and kis the victim’s upper part.

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