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(영문) 서울중앙지방법원 2015.09.04 2015고합363
성폭력범죄의처벌등에관한특례법위반(장애인유사성행위)등
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1. The punishment of the accused shall be five years;

2. The information and communications network for seven years on the Defendant’s disclosure of information.

Reasons

Punishment of the crime

From November 2009, the Defendant is a person with intellectual disability Grade III who lives together with the victim E, victim F, and victim G in a “social welfare foundation D,” which is a protective facility for intellectual disabled persons located in Gangseo-gu Seoul Metropolitan Government, Gangseo-gu.

1. Around February 18, 2015, the Defendant: (a) took similar rapes against the victim E (mae, 15 years of age, intellectual disability 2 level); (b) led the victim being divingd at I set up at H 1st underground floor in Yangcheon-gu Seoul, Yangcheon-gu, to a toilet located therein; and (c) led the victim refusing to “non-take” by threatening the victim to “defebing the victim,” and forced the victim to sit on the knee of the Defendant seated at both sides, and inserted the victim’s sexual organ inside the victim’s resistance.

As a result, the defendant committed assault and threat to a person with a mental disability to put his sexual organ into the inside of the resistance.

2. On February 2015, the Defendant: (a) committed similar rapes against the Victim F (V, South, 28 years of age, and Grade I of intellectual disability); (b) divided the victim’s timber into two descendants in the K Sector Ahstrehum room located in Gangseo-gu Seoul, Gangseo-gu, Seoul, and prevented the victim from spreading sound, thereby suppressing resistance and inserting the victim’s sexual organ inside the victim’s resistance.

As a result, the defendant committed assault and threat to a person with a mental disability to put his sexual organ into the inside of the resistance.

3. Around February 2015, the Defendant: (a) committed similar rapes against the victim G ( South, 33 years of age, and class 3 of intellectual disability); (b) obstructed the victim’s neck from dividing the victim’s neck into two descendants; and (c) inserted the victim’s sexual organ inside the victim’s resistance and inserted the victim’s sexual organ inside the victim’s resistance.

As a result, the defendant committed assault and threat to a person with a mental disability to put his sexual organ into the inside of the resistance.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Each police protocol of statement against L, M, or N;

1. Each protocol with respect to victims E, F and G;

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