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(영문) 인천지방법원 2016.01.22 2015고합624

성폭력범죄의처벌등에관한특례법위반(장애인강간)등

Text

A defendant shall be punished by imprisonment for four years.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The Defendant became aware of the victim D (the age of 20, intellectual disability level 2) who served as a worker in a long-term care hospital for about four years, and served as a worker in a long-term care hospital for about four years, and became aware of the victim D (the age of 20, intellectual disability level 2). Around 2015, the Defendant contacted with the victim via E, and became aware of the victim’s intellectual disability while communicating the victim several times.

1. On June 2015, the Defendant stated that the victim “one defect” was “one defect” at the victim’s house inside and outside the Seo-gu Incheon Metropolitan City, Seo-gu, Incheon Metropolitan City, and the victim’s house, but the victim refuses to do so.

Despite the refusal, the victim was placed on the wall of the victim, and the victim's arms against the defendant's arms are kicked, the victim's body is divided into his body, and the victim's body is forced to spande his body, and the victim was raped by sexual intercourse with the victim's will and panty, inserting his sexual organ into the victim's sexual organ into the victim's sexual organ.

2. On June 2015, the Defendant: (a) around the end of the pertinent victim’s house, when the victim returned home, waiting for the victim before the said victim’s house opened a entrance door and driving away from the house; (b) opened the victim’s body after leaving the entrance room to the room; and (c) prevented the victim from resisting the victim’s body to spread the Defendant’s arms at a canter; and (d) committed similar acts against the victim with mental disability by inserting his fingers into the damaged person’s panty and panty at a canter; and (c) putting his fingers into the victim’s panty and the victim’s panty, and putting them in several times at the victim’s sexual organ.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of statements made by victims;

1. Application of investigation report (case of the victim's artificial abortion surgery and request for appraisal, attachment of photographs to the victim's G and E, case of the restoration of a mobile phone, attachment of a victim's diagnosis report, case of the result of a digital siren appraisal (victim's mobile phone), case of the result of a victim's artificial abortion surgery and appraisal (case of the victim's mobile phone, case of the victim's cell phone E and G message);

1. Relevant provisions of the Act concerning facts constituting an offense;