성폭력범죄의처벌등에관한특례법위반(장애인강간)
A defendant shall be punished by imprisonment for not less than three years and six months.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Punishment of the crime
Around 01:00 on July 5, 2014, the Defendant, along with the victim D (Woo, 27 years of age) with the victim D with intellectual disability 3, went to the above C apartment, was sexual intercourse with the victim D, who was living in the above C apartment, and was able to rape the victim, and was able to make up the victim's body behind the victim so far, and did not resist the victim's body against it by dividing the victim's body into both arms, and then sexual intercourse with the victim.
Summary of Evidence
1. Entry of the defendant in part in the first trial record;
1. Entry of part of the witness E in the third public trial protocol;
1. Legal statement of witness F;
1. Two copies of a criminal investigation report (audio-recording and tape-recording), victim-recording CDs;
1. Statement by the police concerning G;
1. Application of Acts and subordinate statutes to each investigation report (related to certificates of persons with disabilities of the victim, the basis of confirmation of the victim's statement, and the field photographing of the case), and clinical psychological evaluation report;
1. Relevant Article 6 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 297 of the Criminal Act;
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. In full view of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; (b) the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; and (c) Article 50(1) proviso [the Defendant’s age, occupation, family environment, social relative relationship; (d) relationship with the Defendant and the victim; (e) the risk of recidivism; and (e) the benefits and effects expected by the order to disclose or notify the information of this case; and (e) the disadvantages and side effects of the order; and (e) other various circumstances, such as the disclosure or notification of the Defendant’s personal information;
[Judgment]