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(영문) 수원지방법원 여주지원 2013.07.18 2013고합4
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)
Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

Defendant

In addition, the applicant for attachment order (hereinafter referred to as the "defendant") is the head of the Diplomatic Association in Gyeonggi-si, and the victim E (n, 23 years of age) is the neighboring relationship in which the defendant is residing immediately next to the above church.

On the other hand, since the victim's intellectual disability 2nd degree of difficulty is insufficient to distinguish and judge things, it is not possible to see the bus alone and find it as a house. On the other hand, anyone has a tendency to leave the other party if he turns out or gets satisfy, and to not refuse the other party's demand easily. Therefore, the victim was pointed out or mixed with the defendant who is the head of the same church and the head of the same church, and the same satisfy, and caused the defendant to be satisfy.

In addition, the defendant, who is well aware of these circumstances, made the victim from time to time by making a telephone or by allowing him/her to make a telephone, and these days have been repeated, and the victim got more fear of the defendant and acted in the way of the defendant.

On June 12, 2012, around 09:00 on June 12, 2012, the Defendant called “the Defendant, under the supervision, clean, and d.,” sent to the victim’s home, and ordered the victim to leave his house, and then cut off the clothes in his bee and cut off the kne,” and directed the victim to “the victim who was forced to act as the Defendant did not refuse the Defendant’s request, and then was kneed with the Defendant’s kne, and kne, kne.” The Defendant sexual intercourse by inserting his sexual organ into the part of the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of E and G;

1. Each police statement of E and G;

1. H’s sexual assault case

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