성폭력범죄의처벌등에관한특례법위반(장애인강간)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Sexual assault, 40 hours against the defendant.
1. The summary of the grounds for appeal (definite assertion) was not known that the victim was a person with intellectual disability, and even though there was no assault or threat of the victim to commit rape, the court below found the defendant guilty of the facts charged.
2. An ex officio determination prosecutor shall, in the judgment of the court below, change the name of the crime to "violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.)", add "Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.)", add "Article 7 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse", "Article 7 (5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse" to "in the preliminary case," and "Article 7 (5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse" to "Article 7 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse" in relation to the part concerning
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows after pleading.
Criminal facts
1. Of the facts charged with the amendment of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant was aware of the victim D (the age of 16) who was suffering from 5 brain-diseases through hosting from March 4, 2012 to became aware of the victim D (the age of 16) and exchanged with one another.
피고인은 2012. 10. 20. 오전 카카오톡을 이용하여 피해자에게 바람을 쐬러 가자고 유인하고, 같은 날 21:30경 고양시 일산동구 E에 있는 'F공원'에서 일행 B과 함께 피해자를 만나 피고인이 운행하던 G 토스카 차량에 피해자를 태운 뒤, 같은 날 23:00경 안산시 단원구 H에 도착하였다...