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(영문) 인천지방법원 2016.01.08 2015고합619

성폭력범죄의처벌등에관한특례법위반(장애인에대한준강간등)

Text

A defendant shall be punished by imprisonment for five years.

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

Reasons

Punishment of the crime

The Defendant resided in the South-gu Incheon Metropolitan City C and 301 and the victim D (Woo, 31 years of age, intellectual disability 2 level) are residents of the above BJ 201 and the Defendant committed the following crimes with the knowledge that there is a intellectual obstacle to the victim while coming to the house of the ordinary victim and going to the house of the ordinary victim.

1. On January 2015, the Defendant: (a) entered the victim’s residence, and 201, carried his/her fingers into the victim’s clothes in his/her ward; (b) laid off his/her clothes and clothes; and (c) laid down the victim’s sexual flag with his/her fingers; and (d) laid down his/her fingers into the victim’s sexual flag and anus.

2. The Defendant: (a) March 2015; or (b)

4. On a date, in the same place as above 1 paragraph above, the chest is stored in the victim's clothes, the chest is cut off, the victim's booms and clothes, and the victim's sexual flag is promptly frightened, the victim's sexual flag is opened and the sexual flag is removed from the victim's clothes;

In other words, the victim had sexual intercourse by inserting the victim's sex into the victim's sexual organ.

3. On July 2015, the Defendant committed an act of putting his fingers into the victim’s clothes in the same manner as the Defendant’s clothes in the same manner as the Defendant around July 2015, 2015, putting his fingers into the victim’s clothes and clothes, cutting off the victim’s booms, and putting his fingers into the victim’s sexual flag and anus.

Accordingly, the defendant has sexual intercourse with the victim or has similar act with the victim by using the state of resistance difficult due to mental disability three times.

Summary of Evidence

1. The statement made by the victim in each statement recorded in each video CD;

1. Application of Acts and subordinate statutes to certificates of persons with disabilities and certificates of disability;

1. Article 6 (4) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, concerning the relevant criminal facts, the punishment of selective sexual crimes (a point of rape with persons with disabilities and the choice of imprisonment with labor), Article 6 (4) and 6 (2) 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of rape with persons with disabilities);

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;