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(영문) 대구지방법원 2017.11.24 2017고합115
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant's information about the defendant is a three-year information and communication network.

Reasons

Punishment of the crime

Defendant

In addition, the claimant for the observation order for protection (hereinafter referred to as the "defendant") is a person with a disability with intellectual disability 3, and is a victim C(n, 26 years of age) with a intellectual disability 2 and a person who has become aware of the D school.

피고인은 2016. 1. 20. 오전 경 피해자에게 빌린 돈 1,000원을 갚아 줄 테니 E 역으로 나오라 고 연락하여 같은 날 14:00 경 E 역에서 피해자를 만난 후, 피해자에게 떡볶이를 사 준 뒤 날씨가 추우니 모텔에 가서 이야기하자면 서 피해자를 대구 북구 F에 있는 ‘G 모텔’ 102호로 데려갔다.

Defendant: (a) kisk the victim on the part of the victim; (b) kis on the part of the victim; (c) kisk on the part of the victim; (d) kisk on the part of the victim; and (e) kisk on the chest; and (e) kis the victim told the defendant by her hand while putting the victim into his hands while stating that she does not want to do so; (c) kis off the victim’s spoty and panty; and (d) kis the victim by inserting his sexual organ into the part of the victim.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the prosecution against C;

1. Application of statutes governing stenographic records;

1. Article 6 (5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Act on the Protection of Juveniles against Sexual Abuse, Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction of a defendant who has registered personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is in accordance with Article

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