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(영문) 대구지방법원 서부지원 2018.08.30 2018고합75
성폭력범죄의처벌등에관한특례법위반(장애인유사성행위)등
Text

A defendant shall be punished by imprisonment for five years.

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

Reasons

Punishment of the crime

[2] On November 9, 2006, the Defendant was sentenced to imprisonment with prison labor for seven years due to an indecent act by force at the Busan High Court, and six months due to an injury at the Daegu District Court’s port support on October 3, 2007; on April 18, 2008, four months of imprisonment with prison labor and six months of imprisonment with prison labor; on December 14, 2008, with prison labor for an injury to public goods; and on January 2, 2015, the Defendant was sentenced to four months due to an injury to public goods at the Daegu District Court, and the execution of the sentence was completed by the Daegu District Court on January 19, 2018; the Defendant appealed on May 3, 2018, but the Prosecutor appealed on May 3, 2018.

[2] On February 12, 2018, the Defendant: (a) was transferred from the Daegu detention center to the Daegu detention center located in 2624, Daegu-gu, Daegu-si, Susro Doro 2624; (b) on the same day, a person who was admitted to the 2nd floor B of the 2nd floor of the 2nd floor; and (c) the victim C (44 years) was a person who was admitted to the same ward in the same prison on November 30, 2017, and was a disabled person of Grade II with intellectual disability.

1. On February 13, 2018, the Defendant committed a crime on February 13, 2018, at around 00:00, 2018, placed the victim who was divingd from the Defendant’s upper right above the 2nd floor above the 2nd floor above the 0:0,00, on his own side, placed the victim on a return back to his own side, and made the Defendant cover the Defendant’s interest with the victim’s panty, and turned the victim’s sexual flag on his hand.

Therefore, although the victim stated his intention of refusal, the defendant threatened the victim as if he were spawning to drinking, and threatened the victim with "brupt Ra", and led the victim to the suppression of the victim's resistance, and led him to the victim's sexual organ by hand.

Accordingly, the defendant committed an indecent act on the part of the victim with mental disability.

2. 2018. 2. 15. 자 범행 피고인은 2018. 2. 15. 03:50 경 위 미결 2수 용동 상층 B에서 피고인의 오른편에서 잠을 자 던 피해자를 자신의 쪽으로 끌어당겼고 이에 놀란 피해자가 쳐다보자 “ 뭘 보 노 ”라고 하며 주먹을 쥐고 피해자를 때릴...

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