성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)등
A defendant shall be punished by imprisonment for eight years.
The request for the attachment order of this case is dismissed.
Punishment of the crime
On June 29, 2010, the Defendant married with D on June 29, 2010, the mother of Victim C (V, 12 years of age) is the father of the victim, and the victim has a mental disorder in the middle Q45.
1. At the night of August 2013, the Defendant, at the time of the Defendant’s home located in the wife E, was off from the victim’s lower part of the victim who was locked by taking advantage of the victim’s mental disorder or the state of difficulty to resist due to mental disorder, and had sexual intercourse with the victim once.
Accordingly, the defendant has sexual intercourse with a minor under 13 years of age who is related to relatives.
2. At night on August 2013, the Defendant tried to engage in sexual intercourse with the Defendant and panty thereof at the same place as Paragraph (1) at night, taking advantage of the victim’s mental disorder or the state of difficulty to resist due to mental disorder, but was dismissed to the said D.
Accordingly, the defendant tried to have sexual intercourse with a minor under 13 years of age who is related to relatives, but did not have attempted to do so.
Summary of Evidence
1. Each legal statement of witness D and F;
1. Each video CD for the victim;
1. Investigation report (attached to the victim's severe disability certificate and marriage certificate, etc.), investigation report (as to the victim's diagnosis report);
1. Diagnosis certificates and reports on the inspection results of STPP;
1. Determination on the defendant and defense counsel's assertion of the victim investigation report of children and persons with disabilities
1. The Defendant did not commit an indecent act or sexual intercourse with the victim at the time and place stated in the judgment.
2. In other words, the following circumstances acknowledged by the evidence duly adopted and examined by this court, i.e., ① the victim, as stated in the judgment of the investigative agency, stated in the statement at the investigative agency, stated that “the victim, at night, she was placed in the clothes that she saw in the room every day, she was able to look at the chest by inserting her hand with the clothes that she saw in the room.
Last, she shall be removed, she shall be removed, and then she shall be placed in a scarcity and a scarcity in a scarcity.
Investigation records No. 28.