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(영문) 청주지방법원 충주지원 2013.10.24 2013고합53

성폭력범죄의처벌등에관한특례법위반(장애인준강간등)

Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

The defendant and the victim C (the age of 17) are the persons living in the same kind of Dong and the victim were the mentally disabled (the age of 2 years and 11 months). The defendant was aware that the victim was the mentally disabled person in the mental body and the victim was the mentally disabled person in the common park.

On July 14, 2013, the Defendant: (a) went to the Ambam movement on July 14, 2013; (b) caused the sexual desire of the victim in front of the E-cafeteria in Chungcheongnam-si; (c) led the victim to engage in sexual intercourse; (d) led the victim to “fluorian” by approaching the victim; and (e) induced the victim to play in F apartment 202.

The Defendant, as a person with a disability of the first degree in the mental retardation, tried to engage in sexual intercourse by putting the victim into the pole of the play equipment and panty, putting the victim out, and inserting the Defendant’s sexual organ into the part of the victim, using the victim’s mental disability, with the victim’s mental retardation having a state of non-fluence. However, the Defendant attempted to have sexual intercourse by putting the victim out of the pole of the play equipment and inserting the Defendant’s sexual organ into the part of the victim’s sound. However, the Defendant did not have

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A victim video CD;

1. Application of Acts and subordinate statutes to certified copies of a victim's welfare card, comprehensive evaluation opinion of victims of sexual assault, and expert opinion of victims of sexual assault;

1. Article 6 (4) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 297 of the Criminal Act, the selection of a limited term of imprisonment for a crime;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where the facts constituting a crime against which an order to disclose or notify information is issued and a judgment to submit personal information is affirmed under Articles 49(1)1 and 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused shall be punished, etc. of sexual crimes.