성폭력범죄의처벌등에관한특례법위반(장애인강간)등
Defendant shall be punished by imprisonment for not less than three years and six months.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Punishment of the crime
The defendant 2017 Gohap 248 became aware of the fact that the victim was suffering from intellectual disability since October 2016, 2016, with the victim C(M, 16 years of age, intellectual disability 2 level).
1. On February 2, 2017, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the act of similarity with persons with disabilities) demanded that the victim, who gets into the house, F, a large speecher of the victim and the victim, enter the house while smoking tobacco with the victim and the victim, enter the house in Gwangju-si, as the victim’s own “F”, and the victim refused it, thereby getting the victim’s head and forced the victim to put his sexual organ into the victim’s entrance, thereby making the victim quickly enter the Defendant’s sexual organ.
On the other hand, the defendant continued to enter the victim's house with the victim's body, put the victim's body into the victim's room, put the victim's body into the victim's body by force, cut off his clothes, prevented the victim from resisting his hand by hand, and put the defendant's finger into the part of the victim's body.
Accordingly, the defendant assaulted the victim with a mental disability to put the victim's sexual organ into the mouth of the victim, and put the victim's fingers into the victim's sexual organ.
2. On February 2, 2017, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape with Persons with Disabilities) committed sexual intercourse by inserting the Defendant’s sexual organ into the part of the victim by inserting the body of the victim in his/her ward in order to raise his/her height from the ward located in the said victim’s house, by breaking off the victim’s body with his/her son’s hand, putting off the victim’s body by force, preventing him/her from falling short of the victim’s hand, and preventing him/her from putting him/her out of his/her clothes, with one hand, by inserting his/her sound into the part of the victim.
Accordingly, the defendant raped the victim with a mental disability.
Summary of Evidence
1. Statement by the defendant in court;
1. Stenographic records on statements made by the victim;