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(영문) 부산지방법원 서부지원 2017.10.26 2017고합98
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등
Text

A defendant shall be punished by imprisonment for six years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On February 2016, the Defendant: (a) reported the victim D (e.g., 2002. Aug. 2, 2002. 3) who had a mental disorder due to lack of recognition ability to live in the same apartment at the Busan Seo-gu Incheon apartment playground; and (b) provided the victim with KRW 5,000, and (c) provided the Defendant’s house with money to have the victim conduct cleaning and cleaning at the Defendant’s house.

was made.

1. On February 2016, the Defendant reported the victim who was found in order to clean at the Defendant’s residence located in 116 dong 607 and 116 dong 607 of the above apartment complex, and was out of the victim’s boom and panty, etc. despite the victim’s spanty, despite the victim’s spanty and panty, and left down the victim’s spande, and knifeed the victim’s spande, and knife the part of the victim’s spande.

Accordingly, the defendant committed an indecent act against the victim with mental disability by force.

2. On March 2017, the Defendant: (a) stated that the victim, who was found in the above Defendant’s residence at the victim’s time, she was her frighter and panty, was out of the victim’s body and her panty, and continued to put the victim’s chest and body into the part of the victim’s body.

Accordingly, the defendant has sexual intercourse with the victim who has a mental disability by force.

3. On June 2, 2017, at around 16:50, the Defendant: (a) laid the victim’s panty and panty that had been found in the Defendant’s residence; (b) laid down the victim’s body, who was off and frighted to the victim, by hand, and then laid down the victim’s panty into the victim’s body; and (c) laid down the victim’s her finger into the victim’s stacks; and (d) laid down the victim’s chest into the victim’s chest; and (d) inserted the victim’s chest into the part.

Accordingly, the defendant has sexual intercourse with the victim who has a mental disability by force.

Summary of Evidence

1. Each legal statement of witness D and E;

1. The statement made in D in video recording CDs;

1. D. D.

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