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(영문) 대구지방법원 안동지원 2018.06.07 2017고합51

성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등

Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

(e).

Reasons

Punishment of the crime

Defendant

In addition, the applicant for the attachment order (hereinafter referred to as the "defendant") resided in Ansan-si C Apartment 101 Dong 107, and the victim D (V, 60 years old) resided in the same apartment 102 Dong 309, and the same apartment 102 Dong 309.

The defendant, by abusing his intellectual disability, has used the victim's mind to have sexual intercourse with the victim by force. On any day in 2015, the victim was detained in the house of the defendant, and the victim did not refuse to do so.

The victim who refuses "Chewing." Analshyshyshyshyshyn.

“In doing so, the victim, who was off the clothes of the victim, was sexual intercourse with the victim, by force, by inserting his or her sexual organ into the part of the victim’s sound.

Summary of Evidence

1. Each legal statement of witness E, F and G, witness H and I respectively;

1. Some of the protocol concerning the examination of the suspect against the defendant;

1. Recordings of the statements made by the victim (net 52) and stenographic records of the statements made by the victim (net 2);

1. Case registration paper, records of support service progress, interview note;

1. Each statement of the written opinion on sexual assault against the disabled persons and the statement and analysis report of the results;

1. Application of statutes on a copy of a welfare card;

1. Article 6 (5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the Defendant has no record of punishment for a sex offense; the instant crime alone has a criminal tendency against an unspecified number of victims;

It is difficult to conclude, the registration of personal information of the defendant and the treatment program for sexual assault.