성폭력범죄의처벌등에관한특례법위반(장애인강간)등
A defendant shall be punished by imprisonment for four years.
The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.
Punishment of the crime
The defendant knew that there is a mental disorder to the victim C (the age of 25) who lives together with the child care center in Scheon-si, and tried to commit rape to the victim, and to open a cell phone and passbook in the victim's name and acquire money by borrowing.
1. On February 21, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape with Persons with Disabilities) at the hotel E in Osan-si, Osan-si, the Defendant laid off the victim with a mental disability of 3rd degree without delay from the above room, and threatened the victim with “I will die without hearing the horses, I will throw away the neck,” and put his sexual organ into the part of the victim’s sound.
Accordingly, the defendant raped the victim who is a mentally handicapped person of the third degree.
2. Quasi-Fraud;
A. On February 23, 2015, the Defendant: “In the F1st floor G at Osan-si at Osan-si on February 23, 2015, the Defendant: “A victim was using a non-line mobile phone, wishing to use a normal mobile phone, making a mobile phone in his or her name, and making an installment for a mobile phone.”
However, even if the defendant opens a mobile phone in the name of the victim, he thought that he would make a loan to the victim by selling the mobile phone, but he did not have the intention or ability to pay the installments imposed on the victim.
The Defendant, taking advantage of the mental and physical condition of the victim with mental disorder in mental retardation 3, caused the victim to open the victim's cell phone (H) with a 885,800 won or more at the market price in the name of the victim, and received the above cell phone and acquired financial benefits equivalent to the same amount, and caused the victim to bear obligations equivalent to the same amount.
B. On February 25, 2015, the Defendant, at the IPC room located in the city of Jinak-si on a non-hour basis, connected to the Internet SKS cell phone entrance center and used a copy of the bank passbook in the name of the victim and the resident registration certificate in the name of the victim.