(영문) 서울중앙지방법원 2014.04.04 2013고합1069

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(영문) 서울중앙지방법원 2014.04.04 2013고합1069

간음약취등

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The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is the homeless who lived with verbal abuse and assault against the homeless, the mentally disabled, and the actors who are living in the Seoul Station, who are living in the vicinity of the Seoul Station.

The Defendant had been living in the forum of Seoul Jung-gu, Jung-gu, Seoul, 122, and 10 years ago, and had been suffering from intellectual disability 3, who had been aware of about 10 years ago, and had been suffering from sexual intercourse C (the age of 38) in the forum of Seoul, with the intention of having the victim sexual intercourse with the telecommunication and sexual intercourse with the victim.

On July 11, 2013, the Defendant: (a) the victim refused to do so; and (b) the victim strongly expressed his intention to do so; and (c) there was a fit fit for the Defendant to obtain two or more times prior to the Defendant; (b) the victim’s hand was set up at a canter to the Ecomter located in Jongno-gu Seoul Metropolitan City, Jongno-gu, to prevent the victim from escaping.

Accordingly, the defendant transferred the victim to the actual control of the defendant against the victim's will for the purpose of sexual intercourse.

B. Around 06:00 on July 11, 2013, the Defendant violated the Act on the Punishment, etc. of Sexual Crimes (commencing with disabilities, deception, etc.) committed sexual intercourse with the victim by inserting the sexual organ of the disabled victim one time into the part of the victim, even though he/she had the victim go out of his/her clothes because he/she saw the victim to be out of his/her clothes, and let the victim fright to be out of his/her clothes, threatening the victim to be out of his/her clothes, and let the victim fright his/her body of the victim so that he/she would not be out of his/her body of the victim, and pushed the defendant with his/her chest.

2. The Defendant and his defense counsel asserted that the victim had sexual intercourse with the victim, as stated in the facts charged of the instant case, but at that time, they had sexual intercourse with the victim.

유사 판례

-서울고등법원 2014.07.18 2014노1050

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