(영문) 서울북부지방법원 2019.07.19 2019고합81

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Reasons

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줄 간격

자간(%)

(영문) 서울북부지방법원 2019.07.19 2019고합81

성폭력범죄의처벌등에관한특례법위반(장애인강간)등

Text

A defendant shall be punished by imprisonment for seven years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

The defendant is the disabled in the second degree of visual disability, the victim B (n, the age of 44) is the disabled in the first degree of visual disability, and the defendant and the victim were dead from October 2017 to September 2018.

1. On February 5, 2019, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape with Persons with Disabilities) around 19:00, at the residence of the victim located in Dobong-gu Seoul Metropolitan Government C apartment D, had the victim fright to rape while drinking the victim, forced the victim to be off his clothes, forced the victim to do so, and sexual intercourse with the victim, and the victim sexual intercourse with the victim on his/her face and head on his/her hand, continuously put the victim into the victim's face and head on his/her hand, and continuously inserted the victim's face into the victim's resistance with his/her hands at his/her resistance, and then inserted the victim's head into the victim's body on his/her hand, again putting the victim's sexual intercourse with the victim into the victim's sexual intercourse with the victim, and continued to put the victim's sex into the victim's mouth over several occasions, and divide the victim's sexual intercourse into the victim's kne.

Accordingly, the defendant raped the victim with a physical disability.

2. The Defendant, who violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc.”) taken several photographs of the victim’s body form against the victim’s will by using the Defendant’s Samsung Tgalthros function of a cellular phone juS8 mobile phone when rapeing the victim at the time and place specified in paragraph (1).

Accordingly, the defendant taken the body of a person who could cause sexual humiliation or shame against the will of the person to be taken.

3. The Defendant who attempted to commit an offense shall be the victim at the victim’s residence described in paragraph (1) around February 6, 2019.

유사 판례

-대구지방법원 서부지원 2015.12.24 2015고합112

-서울서부지방법원 2016.11.24 2016고합168

-의정부지방법원 고양지원 2014.08.07 2014고합106

-서울동부지방법원 2018.10.05 2018고합88

-수원지방법원 2015.11.19 2015고합394