beta
(영문) 수원지방법원 안산지원 2018.07.20 2018고합130

성폭력범죄의처벌등에관한특례법위반(장애인유사성행위)

Text

A defendant shall be punished by imprisonment for four years.

The defendant shall order the completion of a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The part of the facts charged was revised to the extent that it does not affect the defendant's defense right.

On June 5, 2017, 01:15, the Defendant discovered the victim E (one, two-one years old) with a mixed intellectual disability 2 in the electric metal that passes through the subway 4 lines of subway 4 located in Si, Si, Mapo-si, Si, Mapo-si, Si, Mapo-si, and then, the Defendant seems to be inferred to the above victim.

As the victim came to know that there was a intellectual disability by approaching the above victim, I tried to act of similarity with the above victim.

The Defendant arrived at the subway G station of the subway No. 4 located in Ansan-si, Masan-si, 01:20 on the same day, and moved the victim to the taxi and to the Helel located in the Gu of Ansan-si, 01:45 on the same day, and the victim entered with the victim of the above Hel No. 202 on the same day, and the victim “A male-friendly Gu”;

E. T. M. T. T.

Even though it was refused, the victim himself/herself was under the influence of the entry of the victim, as soon as he/she entered the chest and neck of the victim, and put his/her finger in the sound part of the victim.

As a result, the defendant committed an act of inserting fingers into a sexual intercourse against a victim with a mental disability.

Summary of Evidence

1. Statement by the defendant in court;

1. The statements and stenographic records of E (tentative) recorded in video recording CDs (No. 8 No. 5 of the evidence list);

1. A written statement of the I;

1. On-site photographs;

1. Written response to each appraisal result; and

1. Application of Acts and subordinate statutes to a report on investigation (verification of the details of disability of victims);

1. Article 6 (2) 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (registration information);