성폭력범죄의처벌등에관한특례법위반(장애인강간)
A defendant shall be punished by imprisonment for four years.
The defendant's information about the defendant shall be made through an information and communications network for three years.
Criminal facts
On February 5, 2010, a defendant and a person subject to a request to attach an attachment order (hereinafter referred to as "defendant") were sentenced to imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor, rape, etc. under 13 years of age) at the Changwon District Court.
【Criminal Facts】
Around June 3, 2017, the Defendant had an access conversation on the grounds that the victim C (the age of 27) and mobile phone numbers were the back-sides of the mobile phone numbers. The victim was physically disabled by the physically disabled person of grade 2, and the Defendant was aware of the inconvenience of the victim so that he/she could have sexual intercourse with the victim by using the same, knowing that he/she did not easily resist the victim due to inconvenience.
On June 4, 2017, at around 16:00, the Defendant met the victim in the vicinity of the residence of the victim in Daejeon, and laid the victim to the building D and E in the fourth floor in Daejeon, and went back to the victim.
The Defendant, while leaving the film with the victim in the above DVD room, boomed the victim’s hand into the part of the victim’s seat, and forced the victim to refuse and take place, and forced the victim to fright down, and forced the victim to knee down, exceeded the victim’s panty, and added the victim’s sexual organ to the part of the victim’s panty, thereby committing sexual intercourse.
Accordingly, the defendant raped the victim with a physical disability.
[Status of Probation] The Defendant is likely to recommit a sexual crime in light of the background of the crime, the environment, character and conduct, etc. as stated in the above criminal records and criminal facts.
Summary of Evidence
1. Partial statement of the defendant;
1. C’s legal statement;
1. Partial statements of each police suspect interrogation protocol against the accused;
1. Police statements of the F;
1. On-site photographs and certificates of disability;
1. Previous records of judgment: A inquiry report, such as criminal records, an inquiry report, and a report on the results of confirmation of dispositions;