성폭력범죄의처벌등에관한특례법위반(장애인준강간등)
A defendant shall be punished by imprisonment for not less than one year and six months.
Disclosure and notification of information on the accused for five years.
(b) the defendant;
Punishment of the crime
On October 2012, the Defendant had the victim C (V, 21 years of age) and the victim's male-child arrest D (28 years of age, intellectual disability 3 level) stay in the Defendant's residence with the knowledge that there is no place to go.
The Defendant, while living together with the victim and D, committed an indecent act with the victim by using the fact that the victim was unable to make a normal accident due to mental problems with the overall intelligence 44 years of age, 7 months of age, 45.81 of social index 45.81.
1. The Defendant, around May 30, 2013, committed an indecent act against the victim, on the part of the second floor plan of the Defendant’s house located in Nam-gu, Busan around the new wall on May 30, 2013, by taking off the victim’s male and female gathering D from the victim’s male and female gathering D, and the victim with intellectual disability that was incurred next to the victim’s body, putting the victim’s chest back into the victim’s clothes, and putting the victim’s chest into the victim’s chest.
2. At around 01:00 on May 201, 2013, the Defendant committed an indecent act against the victim, at the same place as Paragraph 1, at the same time as D, with the victim being divingd, with the victim’s chest, prompted the victim’s chest, leading the victim’s grandchildren to the victim’s sexual organ, etc.
3. At around 01:00 on May 1, 2013, at the same place as Paragraph (1) of this Article, D, as D, entered the victim’s chest, frighten the victim’s chest, she puts his/her finger into the victim’s sexual flag by inserting his/her finger into the victim’s clothes, and, at this time, the pregnant victim refused to “fac and nick,” but neglected to said refusal, but put his/her finger into the victim’s sexual flag for about 30-40 minutes.
An indecent act was committed against a female, such as deduction.
Accordingly, the Defendant committed indecent acts on three occasions using the victim's mental disability that the victim was unable to resist or resist.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Each police interrogation protocol against the accused;
1. D. C.