(영문) 춘천지방법원 2020.01.17 2019고합81

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(영문) 춘천지방법원 2020.01.17 2019고합81

성폭력범죄의처벌등에관한특례법위반(장애인준유사성행위)등

Text

The punishment of the accused shall be determined by six years of imprisonment.

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

Reasons

Punishment of the crime

When the Defendant came to know that the victim B (the 17 years of age, the 17 years of age and the 60 years of age) was a high school student or intellectual disability (cadastral disability 3, intelligence index 61, 60), the Defendant committed an indecent act against the victim by taking advantage of the fact that the victim was unable to resist or resist due to mental disability, and that the victim was in a difficult state to resist or resist.

1. The Defendant: (a) around 17:00 on April 21, 2019, the Defendant: (b) provided meals at the D cafeteria located in Chuncheon City around 17:00; (c) provided alcohol, the victim B her mixd with his/her marn with his/her meals to infer about committing an indecent act against the defective victim; (d) had the victim completed his/her meals before the marn with his/her marn with his/her mar; and (e) had the victim her mar with his/her house and her mar completed his/her meals before the marn with his/her marnar; and (e) caused the victim to believe the Defendant; and (e) had the victim go to his

Accordingly, the defendant inducedd the victim for the purpose of indecent act.

The written indictment states that “the defendant induceds a victim for the purpose of sexual intercourse.” However, considering the fact that the defendant inducedd the victim as stated in paragraph (2) of the crime, and committed quasi-similar act, and the punishment provision for inducing the purpose of sexual intercourse is the same as that of Article 288(1) of the Criminal Act, the defendant recognizes “compactful act” as “indecent act without any changes in the indictment.”

2. On April 21, 2019, the Defendant: (a) around 17:20 on April 21, 2019, at the Defendant’s house located in Switzerland E and F around 17:20, the victim would be injured by using the victim’s intellectual disability in a state where the victim would wish, followed and failed to resist; (b) the victim’s jackets and broke up to the chest and pane up to knee; and (c) the victim’s chest and pane will take kne over the victim’s chest and pane; and (d) the victim’s kne.

참조조문

-형법 제288조 제1항

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