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(영문) 대구지방법원서부지원 2020.08.13 2020고합23
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등
Text

A defendant shall be punished by imprisonment for six years.

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

Reasons

Punishment of the crime

From May 14, 2018 to the time of the instant case, the Defendant, from around May 14, 2018 to the point of time, discovered that he was aware of the fact that the victim was unable to exercise properly his recognition and thinking ability due to intellectual disability and sexual self-determination while delivering grain to the house of the victim C (Woo, 64 years of age, intellectual disability 3 level), who is a recipient of daily basic living costs, was in charge of the delivery of grain, and that he was not able to have sexual intercourse

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

A. On June 27, 2019, the Defendant: (a) found the victim’s residence in Gyeong-gun, Seongbuk-gun, Gyeong-gun, Gyeong-gun, from around 22:00 on June 27, 2019; (b) entered the victim’s residence with his/her shape, etc., leaving him/her in the house; (c) sought to attract the victim; and (d) sought to be off his/her clothes; (d) the victim refused to do so; and (e) continued to refuse to do so; (e) however, he/she did sexual intercourse by inserting the Defendant’s sexual organ into the part of the victim’s sexual organ after he/she was removed from his/her inner body and forced to do so.

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

B. On June 29, 2019, the Defendant found the place indicated in the above paragraph (a) at around 21:30 on June 29, 2019, and entered into the said place, and entered the said place, and had sexual intercourse once with the victim who has a mental disorder by force, as described in the above paragraph (a).

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”), exceeded the clothes of the victim at the time and place specified in paragraph (b) above, and took photographs using smartphone cameras with the victim’s chests and fluor.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.

Summary of Evidence

1. Defendant's legal statement;

1. stenographic records of statement of damage;

1. A copy of a welfare card and an expert opinion on sexual assault against the disabled;

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