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(영문) 대전지방법원 천안지원 2017.11.22 2017고합68

성폭력범죄의처벌등에관한특례법위반(장애인준강간)등

Text

A defendant shall be punished by imprisonment for five years.

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

(e).

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape-rape of Persons with Disabilities) and a person who requests an attachment order (hereinafter “Defendant”) were aware that the Defendant’s pro-born victim D (the age of 13 at that time) was a disabled person with intellectual disability Grade 2, intelligence index 45, and social age 7 years and 8 months, with the knowledge that psychological or physical resistance is impossible or considerably difficult due to such mental disability, the Defendant was able to engage in sexual intercourse, and was laid off the Defendant’s clothes in the floor, and was laid off on the part of the Defendant, she was blicked by the victim who was on the part of the Defendant, and she was laid off the Defendant’s body and she was laid off the Defendant’s body, and then put the victim into the part of the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental disability that the victim was unable to resist.

2. On March 25, 2017, the Defendant was injured by assaulting a special continuation of existence, and on March 25, 2017, at the Defendant’s residence, the victim E (V, 51 years of age) of the mother’s child, and the victim E (V, 51 years of age) of this case.

B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. the victim’s shoulder by hand, and B. B. B. B. B. B. B. B. B.

Afterwards, the victim was injured by open standings of the following legs in the number of days of treatment, such as geling to the victim, kneeing over the multi-story, and kneeing against the victim.

Accordingly, the defendant used dangerous objects to assault a lineal victim who continues to exist, thereby causing injury.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the prosecution against E;

1.The victim recorded in video recording CDs.