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(영문) 서울북부지방법원 2016.02.05 2015고합218
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등
Text

The defendant shall disclose the summary of the judgment of innocence against the defendant.

The request for the attachment order of this case is dismissed.

Reasons

Judgment on facts charged

1. The Defendant was aware of the fact that the victim F (Woo, 19 years of age, intellectual disability 3 level) and the victim G (Woo, 19 years of age, intellectual disability 3 level) known through the Internet car page around the spring of 2014, had a significant fall in judgment compared to the general public, and, if other people have interest, had a tendency to follow the direction without the boundary, used it to have sexual intercourse with the victims.

A. On May 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (e.g., deceptive schemes, etc. against the disabled) in a room where the victim G was unable to do so in a room where he/she could not know the “Iel” room located in Hacheon-si, Seocheon-si, Seoul.

“Notwithstanding being rejected, the victim’s body was forced to be exempted from all the clothes of the victim, and the victim was sexual intercourse once by force with the victim’s body, and has sexual intercourse with the victim with a mental disability by force.

B. Around May 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (e.g., deceptive schemes against the disabled) and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts, etc. against the disabled) (e.g., deceptive schemes against the disabled) (e., indecent acts) committed the Defendant’s sexual organ rapidly by leading the victims by taking the head of the victim G in the room No. 21st, 2014, in the Nowon-gu, Nowon-gu, Seoul Special Metropolitan City.

Despite the refusal of the victim G, the Defendant forcedly exempted the clothes of the victim G from all of the clothes, and had sexual intercourse once, and the victim F refused to hold his body without his body, but became the chest of the victim F.

As a result, the Defendant committed sexual intercourse with the victim G who has a mental disability by force, and committed an indecent act against the victim F who has a mental disability by force.

2) On June 2014, the Defendant: (a) in the sixth room of “M” in Seoul Special Metropolitan City, Gwangjin-gu, Seoul, the third floor of “M”; (b) led the victims by cutting the head of the Victim G; (c) led the victims’ arms, and (d) led the victims to talk, and prompt the Defendant’s sexual organ.

Although the victim G is refused, the defendant is forced to do so.

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