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(영문) 인천지방법원 2012.12.07 2012고합821
성폭력범죄의처벌등에관한특례법위반(장애인준강간등)등
Text

A defendant shall be punished by imprisonment for four years.

The information on the accused shall be disclosed through an information and communications network for seven years.

Reasons

Punishment of the crime

Defendant

In addition, the person subject to a request for attachment order (hereinafter referred to as the "defendant") is a person who operates a hybrid camera in the trade name of Yeonsu-gu Incheon Metropolitan City, and the victim D (n, 18 years old and E (n, 18 years old) and E (n, 18 years old) are the disabled of class 2 of intellectual disability.

1. Violation of the Act on the Punishment of Acts of Arranging Sexual Traffic;

A. On July 6, 2012, at around 04:00, the Defendant was able to have a sexual intercourse of KRW 80,000 in cash from E while accessing and hosting “F,” a website, and around 04:00 on the same day, the Defendant was engaged in sexual traffic by having a sexual intercourse of KRW 80,00 in cash from E in the vicinity of the Seoul Jung-gu G Station and having a sexual intercourse.

B. On July 14, 2012, the Defendant, around 17:00, engaged in sexual intercourses with each other near the Seoul Jung-gu G Station by giving cash of 70,000 won to E and having sexual intercourses.

C. At around 05:00 on July 17, 2012, the Defendant agreed to KRW 100,000 in return for sexual traffic to E in return for sexual traffic; first, 50,000 won in return for sexual traffic; and thereafter, engaged in sexual intercourse with E.

2. On July 17, 2012, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape-rape, etc. against the disabled) met E in front of the 2nd exit in Jung-gu, Seoul, with a view to receiving contact from E that he/she became aware of through sexual purchase as above and again purchasing sex.

After having arrived at the main points of the above C along with E and the victim of the sexual intercourse who was accompanied by E and the female, the Defendant got the victim to drink with the booming scam, beer, etc. in the room located within the main points.

At around 05:30 on the same day, the Defendant had a mind to rape a victim who is a mentally disabled person who is unable to resist due to being drunk, and tried to rape with the victim's wound and with his hand when she moved to the inner room. However, the Defendant was able to commit rape with the victim's wound and with his/her finger, but the victim was bread with the victim's wound.

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