성폭력범죄의처벌등에관한특례법위반(장애인준강간)등
A 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 victim C (one, the other, the third and third years of age) is a speech intelligence (VI Q) 55, intelligence (PI Q) 55, total intelligence (FI Q) 52, and social age is 8 years, and social index (S Q) 34%, as a result of an intelligent examination.
The Defendant frequently went to the “Ecafeteria” located in Pyeongtaek-si, Pyeongtaek-si, and the victim was entered in the said restaurant several times and was well aware that the victim is a disabled person.
1. Around 13:00 on May 16, 2016, the Defendant: (a) had drinking alcohol at the above CE restaurant; (b) however, the victim, at that time, went to a toilet outside the restaurant by drinking and drinking alcohol on the side table.
Then, the Defendant discovered the victims who were in front of the above restaurant and had sexual intercourse before the toilet, and had the victim “(b)”, and had the victim go to the Defendant’s house located in the Asan City F by putting the victim’s arms and driving it into the Defendant’s house in the ambling City.
Accordingly, the defendant inducedd the victim for the purpose of sexual intercourse.
2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape-rape of the Disabled) at the home space of the above Defendant at a time and time, as mentioned in paragraph (1), was placed on the floor of the victim who has intellectual disabilities and is under the influence of alcohol, and was sexual intercourse by inserting the victim’s fright and panty in the victim’s sexual organ into the victim’s sexual
Accordingly, the defendant has sexual intercourse with a victim who is in a difficult situation due to intellectual disability.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement contained in the statement recorded CDs;
1. Statement of opinion;
1. A copy of a welfare card;
1. Each report on internal investigation:
1. Each investigation report (No. 13,25 No. 13);
1. Application of statutes to copies of a victim's disability diagnosis report;
1. Relevant provisions of the Criminal Act and Article 288(1) of the Criminal Act concerning criminal facts, the choice of punishment (the point of inducement for the purpose of adultery), and Article 6(4) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of quasi-rape of the disabled and the choice of limited imprisonment).