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(영문) 서울중앙지방법원 2013.11.04 2013고합364
성폭력범죄의처벌등에관한특례법위반(장애인준강간등)
Text

The defendant shall be innocent.

Reasons

Ⅰ Summary of the facts charged

1. On May 15, 2010, at around 15:00, the Defendant discovered that the Victim F(s) of the Victim F(s) with intellectual disability 3 in the E apartment 145-dong playground in Gwanak-gu, Seoul Special Metropolitan City was playing with her children, and had sexual intercourse with the victim, the Defendant accessed the victim and induced the victim to “packer(s)” and “webbed with her house(s)”, and led the Defendant’s residence, 145 Dong 1106, Gwanak-gu, Seoul Special Metropolitan City E apartment 145-dong 1106.

The defendant tried to have sexual intercourse with the victim by taking the victim's chest who has reported television at a certain place, using that the victim was unable to resist due to mental disability, and did not have the victim's intent to do so, but did not have the victim's attempted to do so.

2. At around 15:00 on August 2010, the Defendant: (a) placed the victim at the bus stops near the above Defendant’s residence; (b) placed the victim’s residence in the vicinity of the above Defendant’s residence; and (c) placed the panty and panty on the front left; and (d) placed the victim’s sexual intercourse once by inserting the sexual organ into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental disability.

3. On September 14, 2012, around 14:00, the Defendant, at the entrance of the apartment complex at the above Defendant’s residence, had the victim take away from the victim’s clothes, and let the victim take off the victim’s clothes, and had the victim do sexual intercourse once by inserting his sexual organ into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental disability.

4. On October 14, 2012, around 14:00, the Defendant: (a) placed the victim in front of the apartment complex of the above Defendant’s residence in front of the apartment complex; (b) placed the victim’s clothes in front of the above Defendant’s residence; and (c) placed the victim’s clothes in front of the said apartment complex; and (d) placed the victim’s clothes on the front door of the front door, and had sexual intercourse once by inserting the victim’

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