성폭력범죄의처벌등에관한특례법위반(장애인강간)
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
The request for the attachment order of this case is dismissed.
1. Facts constituting the offense and the grounds for requesting an attachment order;
A. From October 13, 2012, the Defendant and the person subject to an application to attach an attachment order (hereinafter “Defendant”) had been living on the first floor of the building located in Sejong Special Self-Governing City, and the victim E (V, 16 years old) had a physical disability with the first floor of the building located in Sejong Special Self-Governing City, and was living on the first floor of the above Defendant’s residence.
On November 17, 2012, at around 22:00, the Defendant had a mind to have sexual intercourse by inducing the victim with physical and mental disability, and had the victim's window installed outside the victim's house, left the victim's room with the entrance, led the victim's hand, led the victim's residence, led the victim to the victim's room, forced the victim to put the victim's clothes on the bed, and forced the victim's body to put the victim's resistance over the victim's body and inserted the victim's sexual organ into the victim's negative part.
In addition, the Defendant, from October 13, 2012 to November 17, 2012, had sexual intercourse with the victim in the above manner six times from around October 13, 2012, as shown in the annexed crime list.
Accordingly, the defendant raped the victim with a physical and mental disability six times.
B. The Defendant is deemed to have committed a sexual crime on at least two occasions and has committed a sexual crime against a person with a physical or mental disability, and is likely to recommit a sexual crime.
2. The Defendant asserts to the effect that the investigative agency consistent with this Act to this court, and that there was no rape as described in the facts charged.
In particular, the Defendant, at around 22:00 on November 17, 2012, viewed TV by entering the Defendant’s house and seeing TV. Around 00:00 on November 18, 2012, the Defendant sent the victim out of the house because of excessive time, and the victim did not have any confidence.