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(영문) 춘천지방법원 강릉지원 2015.02.05 2014고합132
성폭력범죄의처벌등에관한특례법위반(장애인준강간)
Text

Defendant

A and B shall be punished by imprisonment with prison labor for one and half years, and by imprisonment with prison labor for two years, respectively.

However, the defendant A and B.

Reasons

Punishment of the crime

Defendant

A is a person who lives in the same kind as the victim F(n, 18 years of age) with intellectual disability of about 8.3 years of age with intellectual age. Defendant B is a father of the victim and a person who is in the same kind of relationship with the victim, who is in the five degree of relationship not living with the victim. Defendant C is a person who is a security guard at G high school with the victim.

1. Defendant A

A. The Defendant, in May to June 2014, 201, was working in his greenhouse house located at T in Samn-si, Samn-si around his own house, and had the victim her two arms enter the house by hand, and became aware of the victim’s own arms.

Accordingly, the defendant committed indecent acts against the victim who has mental disability and is unable to resist.

B. At around 18:00 on May to June, 2014, the Defendant: (a) viewed the television with the frighter victim; (b) kneee and knee the victim; and (c) became aware of the victim after the victim, etc., the Defendant got the chest of the victim by hand.

Accordingly, the defendant committed indecent acts against the victim who has mental disability and is unable to resist.

2. When Defendant B found the victim’s house at around May 2014 to June 201, and came out of the victim’s house and became aware of the victim’s appearance, Defendant B committed an indecent act against the victim who was in a state of failing to resist due to mental disability. In the inside room, the victim’s head who covers and takes advantage of the victim’s hair, she was seated at the victim’s head, and she was seated at one hand, and her chest on the part of the victim’s chest.

3. The Defendant C, while working for guard at G High School's administrative office located in G High School I at C in March 2014 to May 2014, 08:00 a.m., he was killed in the administrative room of the victim (at that time, 17 years of age) and was sitting in a sofa, she was spared in the victim's et al., and she was spared after the victim's et al., and her hand included his hand in his clothes.

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