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(영문) 부산지방법원 2014.03.21 2013고합965
성폭력범죄의처벌등에관한특례법위반(장애인준강간등)등
Text

A defendant shall be punished by imprisonment for five years.

The defendant's disclosure of information to the public shall be made through an information and communications network for ten years.

Reasons

Criminal facts

On February 23, 2010, the defendant and the respondent for an attachment order (hereinafter referred to as "defendant") were sentenced to imprisonment with prison labor for larceny, etc. at the Busan District Court on February 23, 2010 and completed the execution of the sentence on December 8, 2010.

【Criminal Facts】

A victim C(n, 24 years old) is a person with a mental disorder who has been suffering from a mental disorder, such as having been suffering from a mental disorder, etc. at an E hospital located in Nam-gu Busan Metropolitan City for about five years, and has been suffering from a mental disorder.

On October 28, 2013, the Defendant discovered and accessed the victims from the subway’s platform in the fixed-time and irregular subway stations, leading them to sexual intercourse by inducing the victims to engage in moving together.

1. On October 28, 2013, the Defendant induced the victim to engage in sexual intercourse for the purpose of sexual intercourse by having the victim enter the subway station while getting on and moving to the subway, and by having the victim enter the place where his personal body is rare, and by having the victim buy “dyp of coffee”, the Defendant induced the victim to engage in sexual intercourse for the purpose of sexual intercourse by having the victim enter the 15th floor rooftop of the F apartment-gu, Busan Metropolitan City.

2. At around 09:40 on the same day, the Defendant had induced the victim in the above F apartment 15th rooftop entrance corridor at the 15th anniversary of the same day, and had the victim promptly have the victim’s sexual organ with the victim’s sexual organ, i.e., “the victim saw that she had come to the bottom, her sexual organ, and her sexual organ should be sexual intercourse with the victim, i.e., having the victim look at the wall and cut off the wall up to her right right, and she has sexual intercourse once by inserting the sexual organ from the back of the victim.

Accordingly, the defendant has sexual intercourse with another person by taking advantage of mental disability such as impossibility to resist or difficulties in resistance.

[Judgment of the court below] The defendant committed a sexual crime as stated in the judgment of the court below, and committed a sexual crime against the disabled person.

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