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(영문) 인천지방법원 2020.12.17 2020고합329
성폭력범죄의처벌등에관한특례법위반(장애인준강간)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A victim B (hereinafter referred to as "victim") is a person with intellectual disability who has a serious disability, such as "level of delay in the middle degree" in 45 of the total intelligence index and "level of delay in height" in 5.2 years of age, and "level of delay in height" in 5.2 years of age, and is a person with a serious disability, and has no or significant difficulty in exercising his/her right to sexual self-determination due to his/her ability to determine the level of knowledge related to performance and the ability to determine the sexual situation.

Around 19:50 on December 25, 2019, at the street store operated by a defendant near the D, located in Seo-gu Incheon, Seo-gu, Incheon, the Defendant: “A victim who was found there was no ability to exercise his/her sexual self-determination right due to intellectual disorder, so that he/she could not have his/her ability to exercise his/her sexual self-determination right because he/she was unable to do so at his/her house and her speech, and he/she became aware of the victim first while making a conversation with the victim, and the victim came to know of his/her sexual intercourse, from 21:00 to 21:30 on the same day on the day he/she did not have come home and going back to his/her home until his/her street operation is completed, and made a conversation with the victim, and the victim was unable or unable to know of his/her sexual intercourse with the victim even if he/she had sexual intercourse with his/her ability to exercise his/her sexual self-determination right due to intellectual disorder.

From 22:25 to 22:50 on the same day, the Defendant saw the victim to breath the breath of the breath, let the breath of the breath of the Seo-gu Incheon, and then left the breath of the breath of the breath of the 22:25 to the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of

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