(영문) 대구지방법원상주지원 2020.08.27 2020고합22

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원상주지원 2020.08.27 2020고합22

성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등

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A defendant shall be punished by imprisonment for six years.

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

Reasons

Punishment of the crime

Around 2008, the defendant came to know of the victim C (nives, name, and intelligence index 55) who was found in the legal branch of the defendant and his/her father (nives, name and intelligence index 65) through the victim B (nives, name and intelligence index 55).

The Defendant, using the fact that the victims lack the ability to discern things due to intellectual disability, had the victims to commit indecent acts and sexual intercourse with the victims under the pretext of “in order to deprive them of bad faith in their body”.

1. Crimes against the victim B;

A. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (compreting with Persons with Disabilities), at the home of the Defendant (the age of 41) located in D (the age of 41) around 2014, the Defendant: (a) laid off the victim’s body from the clothes, laid off the victim’s breast, leg, and gate; (b) took the victim’s chest and leg with both hands; and (c) had the victim sexual intercourse with the victim with the mental disability through a deceptive scheme by inserting his sexual organ into the victim’s body, around June 2016, at the house of the victim (the age of 42 at that time) located in E (the age of 42), and had the victim take the victim’s body off from the body and take the part of the victim’s clothes, and then let the victim take the part of the victim’s clothes by inserting the victim’s bodily disability into the victim’s body.

Accordingly, the defendant has sexual intercourse with a victim with a mental disability through a deceptive scheme twice in total.

B. Around August 13, 2017, the defrauded told the victim’s house located in Seodaemun-si E to the effect that “the victim with a intellectual disability caused treatment, which led to a change in traffic cost.”

However, the defendant had sexual intercourse with the victim by pretending food, clothing and treatment, and did not have any act of treatment.

The defendant deceivings the victim and is under his control.

유사 판례

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-서울북부지방법원 2016.11.18 2016고합145

-의정부지방법원 고양지원 2017.05.19 2017고합6

-창원지방법원 2019.08.22 2019고합77

-부산지방법원 서부지원 2017.08.10 2017고합41