logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.03.29 2015고합653
성폭력범죄의처벌등에관한특례법위반(장애인준강간)등
Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. On July 22, 2015, the Defendant: (a) 13:00 on July 22, 2015, the Victim E (I, 25 years of age) who was seated in front of the community service center located in Busan metropolitan Daegu D, and (b) was the first side of the Victim E (I, 25 years of age); and (c) “I, h

The victim, as a person with a disability of Grade 2 with intellectual disability, such as referring to the words "Mag-gu," "Mag-gu," and "Mag-gu," was aware that the victim's ability to distinguish things and decision-making ability are weak, and had the victim induced sexual intercourse by using such victim's state.

After confirming the family relations and cell phone numbers of the victims, the Defendant: (a) taken a taxi together with the victim, and led the cab to the Gelel located in F of the Busan Fgu, where the Do governor resides with the victim, thereby inducing the victim for sexual intercourse.

2. 2015. 7. 22. 성폭력범죄의 처벌 등에 관한 특례법위반( 장애인 준강간) 피고인은 2015. 7. 22. 16:00 경 부산 금정구 F에 있는 자신의 숙소인 G 모텔 403호에서 피해자로 하여금 샤워를 하게 하고 피해자를 침대에 눕힌 다음 피해자와 키스를 하고 피해자의 가슴을 빤 후 피해자의 음부에 자신의 성기를 삽입하려고 하였으나 숙취로 인하여 발기가 되지 아니하는 바람에 그 뜻을 이루지 못하였다.

Accordingly, the defendant tried to have sexual intercourse with the victim by taking advantage of the victim's mental disability that the victim was unable to resist.

3. On August 5, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (voluntary indecent act committed by a disabled person) on the Punishment, etc. of Sexual Crimes (hereinafter referred to as “the Defendant”), from around August 5, 2015 to around 15:00 on August 5, 2015, to the victim as a mobile phone from around the same day to the victim, “I wish to report” and “I wish to love

During the delivery of the H text message, such as “the sending of the message,” the victim is aware of the fact that the victim is living and is willing to commit an indecent act against the victim.

arrow