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(영문) 대전지방법원 논산지원 2018.03.21 2017고합75
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등
Text

A defendant shall be punished by imprisonment for six years.

The defendant shall order the completion of a sexual assault treatment program for 80 hours.

(e).

Reasons

Punishment of the crime

The Defendant is a three-way relationship between the victim C (tentative name) who falls under class 2 of intellectual disability 2, 10 of social index 10, and 8-9 of communication sphere, and the victim has continuously been sexually abused from his father and is in a suppression state where the Defendant’s demand is refused or actively unable to resist due to disability. In order to commit sexual intercourse and forced indecent act against the victim.

1. When the Defendant violated the Act on the Punishment, etc. of Sexual Crimes (Indecent Acts, such as deceptive schemes against persons with disabilities) came to fall short of the victim C (tentative name, life, age 27 at the time) at the home of the victim C (age 27 at the time) located in the police agency granting the police officer in 2015, the Defendant “in accordance with why it would be

I wish to do so

“Along with the victim’s sexual organ, the victim had the victim meet his/her own sexual organ as soon as possible, and had the victim wear his/her sexual organ, put his/her finger into the victim’s clothes, and talked with the part of the victim.

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

2. Violation of the Act on the Punishment, etc. of Sexual Crimes (e.g. between the disabled persons;

A. In around 2015, the Defendant, at the place specified in paragraph 1, laid down with the victim C (the victim’s name, fluence, and 27 years of age at the time) at around 2015, sent the victim’s sexual organ to show the victim’s sexual organ, and immediately fluence the victim’s sexual organ, and inserted the Defendant’s sexual organ into the part of the victim’s sound.

B. On May 2016, at the place specified in paragraph (1) around May 1, 2016, the Defendant came to be cut with the victim C (the 28 years of age at that time) and the victim’s sexual organ “I wish to do so once” and inserted the victim’s sexual organ into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourses with the victim who has a mental disability by force over twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Stenographic records;

1. Expert opinion on sexual assault against children or persons with disabilities, E hospital opinion, table of medical treatment and examination record;

1. Family relations;

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