(영문) 부산지방법원 2016.08.12 2016고합345

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(영문) 부산지방법원 2016.08.12 2016고합345

성폭력범죄의처벌등에관한특례법위반(강간등상해)등

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A defendant shall be punished by imprisonment for six years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Criminal facts

On June 28, 2013, the Busan District Court sentenced the defendant and the person who requested the attachment order (hereinafter referred to as "defendant") to imprisonment with labor for a violation of the Act on the Protection of Juveniles from Sexual Abuse and completed the execution of the sentence on September 21, 2014.

[Criminal facts]

1. On May 10, 2016, at around 15:49, the Defendant: (a) discovered that the victim E (W, 38 years of age) with intellectual disability 1 in the vicinity of the D elementary school located in Busan B, the Defendant got the victim to have sexual intercourse with the victim; (b) found the victim’s “breath and drinking water,” and called “breath and drinking water,” the victim said that “in this forum, the victim would have come to the Defendant’s house located in Busan, F and 605.”

Accordingly, the defendant inducedd the victim for the purpose of sexual intercourse.

2. On May 10, 2016, from around 15:59 to 16:39 of the same day, the Defendant tried to rape the victim E (the age of 38), who is a disabled person of Grade I with intellectual disability, at the home of the Defendant, from around 15:59 to around 16:39 of the same day, with the intent of committing rape of the victim, at the victim’s home, who is a disabled person of Grade I with intellectual disability (the age of 38), and was exempted from the victim’s chest and sound with his/her finger, with his/her finger and part of the victim’s face, when the victim resists the victim, and the victim resists the victim’s face with his/her drinking and hand, and did not resist the victim, and tried to rape him/her by continuously resisting the victim, but did not commit an attempted rape of the victim, etc., with no intention of causing the victim’s sexual intercourse, and did not complete the treatment of the victim in the daytime.

Accordingly, the defendant attempted to rape the victim who is a disabled person, and thereby, tried to commit it to the victim.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법

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