성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등
A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.
Punishment of the crime
The defendant, who is a deaf-mute with hearing impairment 2, became the victim D (W, 36 years old) with hearing disability 2 degree 2 who was the head of the defendant's house in order to move the family of C upon the request of the hearing impaired C, who is the first-class victim with hearing disability.
1. On June 8, 2013, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act against Persons with Disabilities) committed an indecent act against a victim with physical disability by means of a deceptive scheme or by force or by force against the victim, who was frightening at the home of the Defendant’s house located in North-gu E apartment 101 and 206 at a new wall with C, with the victim, and was sitting at the house of the Defendant’s house located in the middle-gu E apartment 101 and 206, with the victim, and was frightening with C to refrien him.
2. Around 03:00 on the same day, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (compacting of Persons with Disabilities) caused the victim to have sexual intercourse with his/her own panty and panty with his/her own son at the inside and outside of the house of the above Defendant, and demanded the victim to have sexual intercourse with his/her son, but the victim refused this request, obstructed the victim from getting off his/her panty and going off his/her panty with his/her hand, and prevented the victim from leaving his/her panty.
Accordingly, the defendant has sexual intercourse with a victim with a physical disability by fraudulent means or by force.
Summary of Evidence
1. The defendant's partial statement in the second protocol of trial;
1. Statement made by C by a witness in the third protocol of trial;
1. Application of the police statement law to D;
1. Article 6(6) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012; hereinafter the same) regarding criminal facts and Article 6(5) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012; hereinafter the same) concerning persons who have physical disabilities due to the threat of force under Article 6(5)