(영문) 대전지방법원 서산지원 2019.05.15 2018고합139

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 서산지원 2019.05.15 2018고합139

성폭력범죄의처벌등에관한특례법위반(장애인준강제추행)등

Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

Some revisions were made according to the facts recognized within the extent that does not actually disadvantage the defendant's exercise of defense right.

When the Defendant came to know of the victim C (the age of 54, intellectual disability 3, intelligence index 69, social age of 9.25) in Seosan City, the Defendant had a mind to have sexual intercourse with the victim by using the fact that the victim has difficulty in exercising his right of sexual self-determination, such as responding simultaneously to another person's instruction or request due to intellectual disability and failing to indicate his intention of refusal.

1. Violation of the Act on the Punishment, etc. of Sexual Crimes;

A. On January 27, 2018, from around 13:14 to 15:23, the Defendant: (a) driven the victim from the 15:23 of the Defendant’s driver’s license to drive the victim into the house of the victim; and (b) opened the vehicle into the reeded field near Seocho-si, Seosan-si, E, and used the victim’s mental disability to resist or have a difficulty in resistance; (c) put the victim into the back seat of the vehicle; and (d) put the victim into the back seat of the vehicle; and (d) put the victim into the back seat of the vehicle; and (e) put the victim into sexual intercourse once by inserting the Defendant’s sexual organ into the part of the victim.

B. At the end of January, 2018, the Defendant: (a) driven the victim on the part of the Defendant’s driver’s driver’s car and drive the victim’s car on the part of the victim; (b) laid the vehicle into G located in the vicinity of Seosan City, and, using the victim’s mental disability to resist or resist the victim; (c) placed the victim on the back seat of the vehicle, using the victim’s difficulty in resisting the victim; and (d) made the victim “one-time defect” on the part of the victim and panty; and (d) sexual intercourse once by inserting the Defendant’s sexual organ into the part of the victim’s sound.

C. On February 2018, the Defendant: (a) driven the victim on the part of the Defendant’s driver, driving him, and committing H; and (b) went into the house of the victim in Seocho-si B.

유사 판례

-서울동부지방법원 2014.08.28 2013고합398

-대전지방법원 2015.01.08 2014고합369

-대전지방법원 공주지원 2015.05.20 2014고합44

-대전지방법원 2019.10.10 2019고합121

-대전지방법원 공주지원 2019.05.15 2018고합41