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(영문) 대전지방법원 공주지원 2018.01.10 2017고합21
성폭력범죄의처벌등에관한특례법위반(장애인강간)
Text

The Defendant’s motion to attach the instant attachment order is dismissed.

Reasons

1. Summary of the facts charged and the grounds for requesting an attachment order;

A. The facts charged against the victim C (the 16-year old) is a person with intellectual disability of class 3, a intellectual disability with the intelligence index of class 51.

Defendant

In addition, on May 22, 2016, the person against whom the attachment order was requested (hereinafter referred to as the "defendant") finds the victim who was sitting in the D market at public cities around May 2, 2016, and the victim is willing to engage in sexual intercourse with the victim by using the fact that the victim lacks the ability to discern from the body due to the above intellectual disorder, and that the victim is able to engage in sexual intercourse with the victim.

“To purchase bedbed.” and “to purchase bed.”

The term “Woo” and the F middle school located in E in Sinju, where the victim was boomed to drink Kim(b) after childbirth at a convenience store, the victim was induced to the back of F middle school in Sinju.

At around 11:00 on the same day, the Defendant was placed on the back of the F Middle School at around 11:00, the Defendant saw the victim’s chest, fright the victim’s chest toward the Defendant’s sexual flag by putting the victim’s neck, cutting off the victim’s neck and panty toward the Defendant’s sexual flag, leaving the victim’s neck and panty, leaving the victim’s sexual flag by hand, leaving the victim’s sexual flag against her hand, and leaving the victim’s sexual flag by hand, “as soon as possible under the supervision, and giving the Defendant fry,” and putting the victim’s sexual flag into her house.

“Isia” and “Isia.”

“A person shall be prevented from suffering a victim of sound and resistance, and shall be sent to the house of sound.”

“Intimidating the victim’s sexual organ by inserting the victim’s sexual organ into the victim’s negative organ after threatening him/her and suppressing his/her resistance, raped the victim with a mental disorder.

B. The Defendant, as above, committed a sexual crime against a victim under the age of 19 who has a mental disability, and is in danger of repeating a sexual crime.

2. Determination

A. The Defendant and his defense counsel did not know about the victim’s intellectual disability, and agreed to give 100,000 won to sexual traffic, and assault or threaten the victim.

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