성폭력범죄의처벌등에관한특례법위반(장애인강간)등
A defendant shall be punished by imprisonment for five years.
The defendant shall complete a sexual assault treatment program for 80 hours.
Punishment of the crime
The Defendant is a person engaged in driving a rocketing private taxi, and the victim E (V, 25 years old) is a person with intellectual disability of class 3.
The above victims live together with their grandparents, whose father is intellectually disabled, and the victims were also aware of the fact that they do not have the ability to protect themselves as intellectual disabled persons, thereby having sexual intercourse with or indecent conduct.
1. On March 2013, the Defendant: (a) discovered a victim who walked on the road near the Chungcheongnamnam budget-gun in front of the police officer, and laid down a female’s hand knife to the said taxi; (b) brought the Defendant to the said taxi, who was driven by the Defendant, and went to the minor room in the “Gel” number of Hongsung-gun F.
The Defendant, after being off his clothes at his place, forcedly exempted the victim’s clothes and taken the victim’s clothes in the toilet, took the victim’s body on the bed, taken the victim’s body on the bed, taken the victim’s sexual organ on one occasion by inserting the victim’s sexual organ into the part of the victim’s body.
Accordingly, the defendant has sexual intercourse with the victim who has a mental disability by force.
2. Violation of the Special Act on the Punishment, etc. of Sexual Crimes;
A. From May to June, 2013, the Defendant committed an indecent act by force against the victim by taking advantage of the fact that the victim was seated beside the Defendant’s seat, while the Defendant was carrying the said victim on the roads located in the Chungcheongnam-gun or Hongsung-gun located in the said taxi.
B. On September 2013, the Defendant, at the above place, committed an indecent act on the victim’s left chest by forcing the victim to do so.
As a result, the defendant committed an indecent act on the part of the victim with mental disability on two occasions.
Summary of Evidence
1. Each legal statement of witness E, H and I;
1. Each police statement to J and K.