성폭력범죄의처벌등에관한특례법위반(장애인준강간)등
A defendant shall be punished by imprisonment for seven years.
The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.
Punishment of the crime
On February 18, 2010, the Defendant was sentenced to three years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, in the Daejeon District Court Seosan Branch, and completed the execution of the sentence in the Ganbuk Vocational Training Prison on January 21, 2013.
1. Violation of the Act on the Punishment, etc. of Sexual Crimes;
A. On July 2014, the Defendant, at the home of the victim C (a family name, leisure, 34 years of age) located in Chungcheongnam-gun (around July 2014), was sexual intercourse by inserting the Defendant’s sexual organ into the victim’s negative part, with the victim’s sexual organ inserted into the victim’s negative part, even though the victim was unable to resist or resist due to physical disability due to the lower-class disability of the victim with a disability of class 1 with the disability of class 1.
B. On September 8, 2014, the Defendant, at the kitchen of the above victim, engaged in sexual intercourse by inserting the Defendant’s sexual organ into the part of the victim, even though the victim was placed on the part of the victim, who was satisfing the instant cup, by taking advantage of the victim’s physical disability such as failing to resist or failing to resist, or having difficulties in resisting.
C. On January 2015, the Defendant, at the home of the above victim, had sexual intercourse by inserting the Defendant’s sexual organ into the part of the victim, even though the victim was unable to resist or resist due to physical disability, using the fact that the victim was in a state of difficulty in resisting himself/herself, and was unable to resist or resist.
2. Violation of the Punishment, etc. of Sexual Crimes Act;
가. 피고인은 2015. 2. 3. 13:00경 위 피해자의 집에서, 피해자가 신체적인 장애로 항거불능 또는 항거곤란 상태에 있는 것을 이용하여 작은방에 있는 피해자에게 다가가 혀로 피해자의 귀를 핥고 손으로 피해자의 음부를 만지다가 피해자를 거실로 데리고 가 소파에 눕힌 다음 피해자가 거부하는데도 피해자의 항문에 피고인의...