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(영문) 부산지방법원 2014.07.18 2014고합299
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)
Text

A defendant shall be punished by imprisonment for four years.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

In 200, the Defendant sent back the vicinity of the Dong-dong University located at the bottom of the Busan Sung-gu, Busan, on the ground of family incombustibleization around 2000, and was aware of the victim C (n, 27 years of age) with mental retardation disorder 2 around that time, and was living with the victim's male-friendly job E in the house located at the Busan Sung-gu, Busan, and around April 2014.

At around 17:00 on April 30, 2014, the Defendant: (a) at the Defendant’s own room located in Busan B, the Defendant was under the influence of alcohol and had the victim’s desire to report about the above E while under the influence of alcohol so that the victim would have sexual intercourse with the victim; (b) “If waiting for the victim, E.I. in the face”; (c) taken the victim into the Defendant’s room; (d) taken the victim with the Defendant’s clothes; and (e) exempted the victim from the victim’s clothes while attracting the victim; and (e) took the victim’s shoulder, and (e) took the victim’s shoulder with the victim’s hand, “I would not want to do so. I will not do so.” However, the Defendant was sexual intercourse with the victim’s body so that it was difficult to divide the victim’s body by force, and then sexual intercourse with the victim once.

After about 10 minutes from that time, the defendant reported the victim who want to put clothes into custody, and expressed that he would be able to engage in sexual intercourse with the victim, and the victim took the body of the defendant by hand while "she does not want to do so.......................", the victim exceeded the clothes of the victim, and laid off the victim's body on the floor, and made it difficult for the victim to be divided into the victim's body by force, and made the victim's legs be punished by his hand, and sexual intercourse with each other.

As a result, the defendant has sexual intercourse with the victim who has a mental disability by force over two occasions.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of the victim recorded in the video CD;

1. A report on internal investigation:

1. Investigation report (No. 17 No. 5 of the evidence list);

1. A DNA appraisal report;

1. Application of statutes, such as certificates of disabled persons;

1. Relevant provisions concerning facts constituting an offense;

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