(영문) 서울중앙지방법원 2012.11.15 2012고합813

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(영문) 서울중앙지방법원 2012.11.15 2012고합813

성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)

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The Defendant’s motion to attach the instant attachment order is dismissed.

Reasons

1. The facts charged and a summary of the grounds for requesting the attachment order;

A. Facts charged 1) Defendant and the person for whom the attachment order is requested (hereinafter “Defendant”).

Around 15:00 on January 15, 2012, at the Seongbuk-gu Seoul Dental 201 room, the victim E (the victim E (the age of 18) with intellectual disability 1 is laid off in a beds, is off, and does not refuse to do so, and the victim wants to do so at the match. The victim “I will leave the match only when I want to do so,” and the victim has sexual intercourse with a female with mental disability by inserting his head with a Handphone and inserting his her sexual organ into the victim’s negative part by force. 2) around 15:00 on February 15, 2012, the Defendant: (a) on February 15, 2012, the Defendant: (b) placed the victim’s trade name in the Gangnam-gu Seoul Metropolitan Government Dental 201 room; and (c) placed the victim’s above victim’s in a fluorial room where he does not refuse to do so; and (d) placed the victim’s mental disability in the part of the victim’s sex.

B. As above, the Defendant had committed a sexual crime more than twice, and the Korean sex offender’s risk assessment scale (K-SORAS) shows that the risk of recidivism falls under the middle level as a result of the evaluation scale of the sex offender’s recidivism (PC-R) at 13 points in total, and that the risk of recidivism falls under the middle level, and that the risk of recidivism falls under the middle level as a result of the evaluation scale of the mental offender’s recidivism (PC-R) at the time of the investigation, and that the Defendant did not properly recognize his/her mistake by reverseing his/her statement continuously at the time of the investigation. From the time of the investigation, the Defendant was found to have committed the instant crime as he/she fell short of his/her intellectual ability due to lack of his/her academic ability and judgment ability to control sexual impulse, which led to the instant crime, taking into account the background of the crime, the Defendant’s environment, character and behavior, sexual orientation or behavior, etc., and the risk of

2. Determination of facts charged

A. The Defendant and his defense counsel’s assertion were under the prosecution with the victim, and the facts charged in the instant case.

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