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(영문) 서울중앙지방법원 2017.08.11 2017고합140
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등
Text

A defendant shall be punished by imprisonment for six years.

The defendant's disclosure of information about the defendant is made through an information and communications network for five years.

Reasons

Criminal facts

The facts of the cause of the attachment order [criminal facts] The defendant and the person who requested the attachment order (hereinafter referred to as the "defendant") are aware of the same apartment resident and the victim D (class 3 of intellectual disability 3) of the victim D (class 3 of the above C, 35 years of age, intellectual disability 3 level) who is a father of the above C, and the sexual intercourse with the other male, and the above C is deemed to be a victim.

B. It is also called a note once.

(A) Does he talk about the victim.

At any time, Hashes Hashes

“Around 20:00 between July 201 and August 201 of the same year, when the victim was demanded several times to move the victim to the Defendant, F was hospitalized in the hospital at the house of Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, 909 Dong 1107, and F was living together with F before the above C, thereby getting the said C to move the victim to the house of the said F at the same time.

At the above F’s house, the Defendant continued to go out of the above F’s house, followed only the victim, and had the victim go together, and had the victim do so, the Defendant, on his own hand, threatened the victim, who met the victim’s bridge and chest with the victim’s body, pushed the Defendant’s body, and resisted “I Ma”, and sexual intercourse once with the victim.

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

[Judgment of the court below is justifiable in light of the above legal principles and records, the court below erred by misapprehending the legal principles as to the crime of recidivism, and thereby failing to exhaust all necessary deliberations, as otherwise alleged in the ground of appeal. The ground of appeal is with merit. It is so decided as per Disposition by the assent of all participating Justices on the bench. It is so decided as per Disposition by the assent of all participating Justices on the bench, except as otherwise alleged in the ground of appeal. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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