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(영문) 인천지방법원 2016.11.16 2015가단246093
위자료
Text

1. The defendant,

A. The Plaintiff A’s KRW 20,000,000 as well as the annual rate of KRW 5% from January 1, 2013 to November 16, 2016.

Reasons

1. Determination as to the cause of claim

A. When the Defendant on the basis of liability (hereinafter “Defendant”) was the husband (Plaintiff B) of Plaintiff A (C) who was the victim and the employer, who was the victim, and became aware of the fact that there was a intellectual disorder on the part of the victim while frequenting the victim, the Defendant committed the following crimes with intent to have sexual intercourse with the victim.

1. 피고는 2012. 10. 중순경 인천 계양구에 위치한 피해자의 집으로 찾아가 그 집 안으로 들어간 다음, 그 곳 안방에서 피해자에게 “나도 한 번 줘봐라”라고 말하면서 피해자의 바지를 벗기고 자신의 성기를 피해자의 성기에 삽입하여 간음하였다.

2. After having sexual intercourse with the victim as mentioned in the above paragraph 1, the Defendant: (a) stated that the victim “saved” means “saved,” and took the victim’s bags and handphones out of the house; (b) entered the victim’s family and handphones near the calculation market in Gyeyang-gu, Incheon, with the victim’s sexual organ as soon as possible; and (c) inserted the victim’s sexual organ into the victim’s sexual organ into the victim’s sexual organ as soon as possible; and (d) inserted the victim’s sexual organ into the victim’s sexual organ.

3. The Defendant found at the victim’s home around October 2014, and opened a door using the key of the victim’s house which was reproduced in advance, and laid off the victim’s clothes into the house, and bucks and bucks down the chest and bucks, and had sexual intercourse by inserting his sexual organ into the victim’s sexual organ.

As a result, the defendant has sexual intercourse with the victim three times through the victim's difficult state of resistance due to mental disability.

On June 24, 2016, the Defendant was prosecuted for committing the following crimes in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (rape-rape) and was sentenced to a conviction of five years of imprisonment (this court 2015Gohap702). The Defendant appealed the appeal but was sentenced on September 29, 2016 by the Seoul High Court (Seoul High Court 2016No1946).

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