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(영문) 의정부지방법원 2012.10.19 2012고합409

성폭력범죄의처벌등에관한특례법위반(장애인준강간등)

Text

A defendant shall be punished by imprisonment for seven years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is also living together with mountain residents for at least 15 years in the Eastern, such as the victim C (nive, 30 years of age), and the victim's cadastral age falls under the level of mental retardation of the victim's whole intelligent index (I Q) according to the following evidence of 5.5 years of age.

It is the second degree of intellectual disability that is merely a mere intellectual disability.

With knowledge of the fact that the Defendant had a intellectual disorder, the Defendant had sexual intercourse with the victim four times from around April 201 to April 201, 201, as indicated in the list of crimes committed in the attached Table, with the victim, who was “boomed money to lend money to the victim” in the Gmyeong-gun D, the victim was her seated with the above D resting room, and the victim exceeded his clothes, exceeded her clothes, exceeded her clothes, and added his own sexual organ on the victim’s body into the negative part of the victim, and she had sexual intercourse with the victim four times from around that time.

Accordingly, the defendant has sexual intercourse with the victim who is in a state of disability to resist.

Summary of Evidence

1. Defendant's legal statement;

1. C Complaints and stenographic records of statement of damage;

1. Each police statement of E;

1. An expert in the sexual assault case and a statement twice each of the victims of the sexual assault case;

1. Each investigation report (the extra investigation record 224 pages), the visit and investigation (the investigation record 226 pages), the suspect's residence and village support certificate, the community hall record certificate, or D) to the other party, each photograph;

1. A response to the request for appraisal, a report on deliberation and assessment;

1. Application of Acts and subordinate statutes to resident registration certificates, family relation certificates for victims and victim disabled persons;

1. Article 6 of the relevant Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11088, Nov. 17, 201); Article 297 of the Criminal Act (the fact of quasi-rape 1 or 3 in the table of crime in the form of sale); Article 6(4) and (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 299 of the Criminal Act (the fact of quasi-rape 4 in the table of crime in the form of sale; the choice of limited imprisonment).