성폭력범죄의처벌등에관한특례법위반(장애인에대한준강간등)
A defendant shall be punished by imprisonment for not less than one year and six months.
Disclosure information on the accused shall be disclosed and notified for two years.
Punishment of the crime
At around 23:00 on December 26, 2010, the Defendant, while drinking D et al. and drinking at D’s house located at D’s house located at 203 dong 110, 2010, the Defendant, under the influence of alcohol, had the victim E et al. (25 years of age) who is his/her father and son, who was reporting TV at that place, in the first place, under the influence of alcohol, and had the victim e et al. (25 years of age) reported her sexual desire to obtain sexual satisfaction by committing an indecent act against the victim by taking advantage of the fact that the victim was a mentally disabled person in the second instance of his/her mental body, and is in a state in which it is impossible to accurately recognize and cope with the meaning of the indecent act.
After having panty and panty attached to the defendant, the defendant got the defendant's sexual organ to the victim, put the defendant's sexual organ into the victim's entrance by putting him/her his/her head and her head into the victim's inner part, and putting him/her into the victim's inner part.
Since then, the defendant, when the victim entered the room of the victim, closed the visit of the victim, and panty, left the victim's sexual organ as soon as possible, put the defendant's sexual organ into the victim's entrance. The defendant, when the victim entered the toilet, entered the toilet according to the victim, opened the toilet, closed the toilet door, and show the defendant's sexual organ.
Accordingly, the defendant committed indecent acts against the victim by using the victim's state of non-performance due to mental disability.
Summary of Evidence
1. Each legal statement of witness E, F, and D;
1. Preparation and report of recording records by the prosecution (content of the E-video recording examination);
1. The prosecutor's statement concerning the F;
1. Each police statement of E and F;
1. Submission of a written statement related to the victim E of sexual assault, medical certificate, certificate of disabled person (E), diagnosis certificate of mentally and physically handicapped person (E), recording record, investigation report (information about expert opinions on statement E), opinion of expert in the case of sexual assault against children or disabled person, first recording record, and second recording record;
1. The investigation report (the F. Statement of Witnesses, the Hearing of opinions, and the hearing examination), the report, and the statement of opinions, respectively; and