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(영문) 광주지방법원 2017.01.13 2016고합408
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등
Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The Defendant came to the D Ski in Gwangju-gu, and came to know of the victim E, a disabled person of Grade 3 with intellectual disability frequently coming out of Gwangju-gu, and he accumulated a friendly relationship with the victim, such as the victim's husband and the victim's spawn with her husband, and the victim spawn with her husband.

1. Around July 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force against persons with disabilities) reported that the victimized person was in motion with the victim, and that the injured person was in motion with the victim’s clothes on his/her own hand.

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

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”), the Defendant borrowed KRW 10,00 from the person who suffered damage to the basic livelihood supplier prior to the towing. The victim had to live in the supply and demand cost due to his/her failure to do so, and due to intellectual disability, demanded the Defendant to pay 10,000 won in cash on several occasions, but the Defendant had not repaid it.

In the meantime, around July 2015, the Defendant met the victim before the victim, and called "a person who wants to pay money to the victim" while selling coffee to the victim, and the victim followed the Defendant.

Then, the defendant shows in the defendant's house located in Gwangju Mine-gu, that "the defendant should not be paid KRW 10,000 if he or she was aware of the defendant's horse," and the victim demanded a sexual intercourse with "the defendant should not be paid KRW 10,00,000 if he or she was aware of the defendant's horse due to intellectual disorder."

Since then, the defendant did not get off the damaged person, and the victim "be off the victim as soon as possible", and the victim considered the victim's seat, and the victim seems to have teared at the bar.

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