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(영문) 대구지방법원 김천지원 2015.05.18 2014고합146
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등
Text

A defendant shall be punished by imprisonment for eight years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Reasons

Criminal facts

From February 2, 2011, the Defendant is a vocational rehabilitation doctor who educates trainees (disabled persons) at a DNA protective workplace (AB) in C from February 201 to March 3.

The victim E (the age of 41) was the disabled of class 3 with intellectual disability, and was the trainee from January 2013 to January 17, 2014.

The injured party was F, reported to the accused all days including commuting, sick leave, rest, etc., and received instructions from the accused on the work within the factory (such as working instructions).

The Defendant, with the disabled of Grade III with intellectual disability, had a lower intelligence than normal person, and had an indefinitely complied with other persons’ easy coercion, instruction, etc., in order to instigate the victim to commit an indecent act.

1. On December 17, 2013, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (competence of persons with disabilities, deceptive scheme, etc.) reported the victim to the second floor of the victim, who was going to work late at the latest after undergoing a comprehensive medical examination and going to the second floor in order to go to go to the clothes while telephone conversations before the above D Factory.

The defendant, "wel't see" and "Il't see that I am unwel't we see." The defendant placed the victim on the bel's bel' on the bel's bel', and added the victim's bel's bel't' on the bel', and added the victim's sexual organ into the part of the victim's bel's bel't.

Accordingly, the defendant has sexual intercourse with the victim who has a mental disability by force.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. On October 14, 2013, around October 14, 2013, the Defendant committed the crime: (a) around October 14, 2013, the Defendant included the Defendant’s hand in the part of the victim’s kists, kis, and the chest of the victim.

Accordingly, the Defendant committed an indecent act against the victim with mental disability by force.

The facts charged are forced.

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