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(영문) 춘천지방법원 속초지원 2014.10.30 2014고합36
성폭력범죄의처벌등에관한특례법위반(장애인준강제추행)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The victim C(the age of 35 to 36) is a person who has received a second grade judgment of intellectual disability due to military force such as a significant fall of the ability to discern and judge things or reality because the intelligent index falls below 43.

The defendant was aware that the victim was unable to resist or resist due to the above intellectual and mental disability, and used the victim's awareness to commit an indecent act against the victim.

1. On March 2013, the Defendant enticed the victim on the part of the Defendant’s house located in Kangyangyang-gun D, 2013, stating that the victim would die, if the victim wants to go to go to the said boiler room.

Therefore, the defendant demanded the victim to take the Defendant's sexual organ in the boiler room above the above temporary border, and the victim refused to take the victim's hand and got the Defendant to take the Defendant's sexual organ.

Accordingly, the Defendant committed an indecent act against the victim by taking advantage of the victim’s mental disability such as failing to resist or failing to resist.

2. On June 2013, the Defendant requested the victim to exchange the Defendant’s sexual organ with the victim’s sexual organ in the vicinity of the victim’s house in Yangyang-gun, Yangyang-gun, Yangyang-gun, and the victim refused to exchange the request, thereby allowing the victim to wear the victim’s finger and inflict the Defendant’s sexual organ.

Accordingly, the Defendant committed an indecent act against the victim by taking advantage of the victim’s mental disability such as failing to resist or failing to resist.

3. The Defendant: (a) around June 2013, around 2013, posted the clothes of the victim at the Defendant’s office; and (b) went back to the victim with love room.

Thus, the defendant exceeded the clothes of the victim, and exceeded the victim's boom, but the victim refused to do so, the victim's hand was knife and the defendant's sexual organ was taken in the love room at the above time.

Accordingly, the defendant is unable to resist or resist due to mental disability.

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