logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2014.12.11 2014고합157
성폭력범죄의처벌등에관한특례법위반(장애인준강간등)등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

[Basic Facts] From around July 2012, the Defendant came to know from around 2004 that the victim she had double disorders, such as the victim's her mother, her mother, her mother, her friend, her mother, and her parent-child relationship, and from around July 2012, she was aware of the victim 40 or less in intelligence and the intellectual disability 2 or her intellectual disability in social index 46 , and the non-refluence of separation and reduction, etc., she naturally committed a behavior to attract the victim's refluence by taking advantage of the victim's behavior, and among the attempts in which the victim was living, she was unable to make judgment and decentralization due to the above disability and to refuse any other person's unfair demand or action.

【Criminal Facts】

1. At around July 2013, the Defendant: (a) took advantage of the fact that the victim was unable to refuse the Defendant’s unreasonable demand or action due to the foregoing disability, kiscked the victim in the inside room; (b) taken off the victim’s upper and inner clothes; and (c) kisced off the victim’s chest and kisced off the chest; and (d) taken off the her inner part and clothes into the victim’s inner part and her inner part.

In the end, the Defendant committed similar rape by taking advantage of mental disability such as the Defendant’s act of putting the victim’s sexual organ into the mouth, and at the same time committed an indecent act against the juvenile.

2. In around August 2013, the Defendant: (a) exceeded the victim’s portraits, booms, and clothes that the victim could not refuse the Defendant’s unreasonable demand or action due to the foregoing disability; and (b) exceeded the victim’s portraits and clothes; and (c) exceeded the victim’s inner arms and clothes; and (d) committed an act of harming the victim’s sexual organ by drinking the victim’s inner arms.

In the end, the Defendant committed an indecent act against the juvenile victim by taking advantage of his mental disability such as failing to resist or failing to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I;

1. Recording records;

1. Copies of the disability diagnosis certificate;

arrow