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(영문) 대전지방법원 2018.07.20 2018고합178
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등
Text

A defendant shall be punished by imprisonment for five years.

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

Reasons

Punishment of the crime

The Defendant was a person who became aware of the victim’s friendly ties and friendly ties of the victim C (mast, 18 years of age) and became aware of the victim, and the victim was a person with a disability of class 3 with intelligence index 57 and social capacity index 54 (the level of 8 years and 8 months of age).

1. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by Persons with Disabilities) committed a crime by putting both chests of the victim (the age of 15 at the time) on his/her own son at the victim’s house located in the same subparagraph D and 10 a.m. at the victim’s house during a short time, who was mixed with TV and reported TV at the inside and outside of the house.

Accordingly, the defendant committed an indecent act on the part of the victim with mental disability.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (e.g. between disabled persons);

A. From the punishment of compulsory indecent act under the above paragraph (1), the Defendant: (a) laid the victim (the 15 years of age at the time) using the Messenger Messenger Messenger Messenger Messenger (the 15 years of age at the time) using the Messenger Messenger Messenger, let the victim (the 15 years of age at the Messenger); and (b) put the me into the part of the stairs, she laid off the stairs; and (c) the victim did not refuse the direction of the Defendant at the request of the Defendant at the ordinary Mesium, and did not allow the Defendant to me

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

B. On January 2015, the Defendant, at the place indicated above 2-A at the time of the foregoing method, laid off the victim (the age of 16 at that time) and laid off the clothes, put them into a negative part on the stairs. The victim, if not following the Defendant’s request, she decided to refuse the Defendant’s instruction, without refusing the Defendant’s instruction.

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

(c)

The Defendant’s winter E. on the date of wintering, 2015.

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