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(영문) 춘천지방법원 강릉지원 2016.06.09 2016고합13
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등
Text

A defendant shall be punished by imprisonment for six years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

"2016 Gohap 13"

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (e.g., deceptive means, etc. against the disabled) the Defendant was a person who had been in a de facto marital relationship with D, the parent of the victim C (e.g., 18 years of age, intellectual disability No. 3) for about 10 years, and was in a de facto marital relationship with the victim from the end of December 2015, and was de facto considered as the victim’s shesheshesheshesheshes from the victim.

The Defendant has a intellectual disability (intelligent index 62, 66, and 10.5 years old), was hospitalized at a hospital due to a mental disorder, and recognized that the Defendant’s indecent act was significantly lacking intellectual ability and ability to cope with situation compared to normal conditions, such as not easily resisting, and was willing to have sexual intercourse with the victim using such mental disorder.

On February 16, 2016, the Defendant: (a) at the Defendant’s home room located in Gangnam-si E and 6 101 Dong 101 on February 16, 2016, the Defendant, while engaging in sexual intercourse by inserting the victim’s sexual flag on the part of the victim, putting the victim’s sexual organ on the part of the Defendant and reporting TV, with the victim’s fluencing the cresh that the victim’s flusss mother, she would be able to cut off; and (b) the victim would be fluencing the victim’s hand even though she was standing, and she would be placed on the floor and be placed on the victim’s floor, and then the victim’s flusium should be added up with the victim’s sexual organ on the part of the victim by inserting the victim’s flus and panty.

Accordingly, the defendant has sexual intercourse with the victim who has a mental disability by force.

2. On February 16, 2016, the Defendant was driving a vehicle with the low driver’s license in a section of about 30 meters in front of the 19:30 Gyeongju-si, E and 6 101 dong 101 to the “F” restaurant in front of the 19:30 dong 10 dong 1.

" 2016 Gohap 15"

1. Violation of the Traffic Act on roads;

A. On September 26, 2015, the Defendant is front of a opening market located in Gyeongcheon-dong, Gyeongcheon-si.

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