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(영문) 인천지방법원 2016.08.10 2016고합57
성폭력범죄의처벌등에관한특례법위반(장애인준강간)등
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

The request for the attachment order of this case is dismissed.

Reasons

Judgment on facts charged

1. On April 2015, the Defendant was aware of the Victim E (W, 19 years of age, intellectual disability No. 2) through “D,” which is the Internet hosting site, and was aware of the fact that there was a intellectual obstacle to the victim from time to time in contact with the victim by F, currency, etc.

The Defendant had been willing to have sexual intercourse with the victim by taking advantage of the victim’s disability condition.

A. The Defendant had sexual intercourse with the Defendant from July 2015 to September 25, 2015, at his own house located in the Namdong-gu Incheon Metropolitan City G and 301, the said Defendant had “baccine facs with the Defendant”;

Dr. Doctrine:

하자 우리, 오빠 좀 도와줘, 쮸쮸 보고 싶다, 보지가 이쁘다, 너가 와야 되는데, 일단 와 보면 알아, 찌 찌 만지고 싶다, 인천에 놀러와, 인천으로 와” 라는 등의 F 메시지를 지속적으로 보내

In other words, on September 25, 2015, the victims were able to enter Incheon around September 25, 2015.

Accordingly, the defendant enticed the victim for the purpose of sexual intercourse.

B. On September 25, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape-rape of disabled persons) committed sexual intercourse with the victim in the same manner until around September 26, 2015, by putting the said victim (I Q45 and the social age 11.5 years old) on his/her own house at around 21:00, and by leaving his/her house, it is difficult to accurately understand the meaning of sexual acts due to intellectual disability, and by putting his/her sexual organ out of the clothes of the victim who falls off from a different sculp, and inserting them into his/her bed, and inserting them into his/her bed, thereby committing sexual intercourse with the victim in the same manner until around September 26, 2015.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's in a situation where it is difficult to resist due to mental disability.

2. Determination

A. (1) The term "induction" in Article 288 of the Criminal Act means deception or suspicion.

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