성폭력범죄의처벌등에관한특례법위반(장애인강간)
A defendant shall be punished by imprisonment for five years.
The defendant's information on the defendant is disclosed through the information and communications network for ten years.
Criminal facts
On March 23, 2012, the defendant and the person requesting an attachment order (hereinafter referred to as "defendant") were sentenced to imprisonment with prison labor for a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc. of Minors under the age of 13) at the Jung-gu District Court on March 23, 2012, and completed the execution of the above punishment at a governmental prison on June 7, 2014.
[2] The Defendant was aware of the victim’s her mother of the victim C (math, 33 years of age, intellectual disability 1st degree) in exchange with D, and was aware of the victim’s her intellectual ability. In order to rape the victim by taking advantage of the fact that the victim’s intellectual ability was seriously deteriorated.
피고인은 2016. 7. 17. 09:00 경 포 천시 E 소재 피고인의 집 방안에서, 피고인과 전화통화를 한 후 피고인의 집으로 온 피해자와 대화를 하던 중, 갑자기 피해 자를 이부자리 쪽으로 밀쳐 눕히고, 피해자에게 “ 썅 년 아 ”라고 욕을 하면서 손바닥으로 피해자의 뺨을 수회 때려 반항을 억압한 다음, 피해자의 옷을 벗긴 후 가슴을 핥고 피고인의 성기를 피해 자의 성기에 삽입하였다.
Accordingly, the defendant raped the victim with a mental disability.
[The facts constituting the ground for requesting an attachment order] The Defendant was sentenced to imprisonment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc. of Minors under the age of 13) as stated in the judgment below, and again commits the crime of this case within 10 years after the execution of the sentence is completed, and the Defendant committed the crime of this case by force three times the victims under the age of 9, and the crime of this case committed the crime of this case by rapes the victims under the mental disability. In light of the Defendant’s criminal records, the method and circumstance of the crime, the circumstances before and after the crime, and the character and conduct of the Defendant, it is dangerous to recommit the sexual crime.
Summary of Evidence
【Criminal Facts】
1. Entry of the defendant in part in the first trial record;
1. Each legal statement of witness F, G, and D;
1. A witness H.