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(영문) 청주지방법원 2014.02.21 2013고합189

성폭력범죄의처벌등에관한특례법위반(장애인강간)

Text

Defendant

A shall be punished by imprisonment with prison labor for a year and ten months, and by imprisonment with prison labor for a year.

However, this judgment is delivered against Defendant B.

Reasons

Criminal facts

[criminal power] On June 24, 2010, Defendant A was sentenced to one year of imprisonment for a crime of escaping military service at the general military court of the D major military court of the D major military court, and was released on July 14, 2010 during the execution of the sentence and passed on March 23, 201.

【Criminal Facts】

Victim E (the age of 17) was the disabled women of Grade II with intellectual disability with the social age of 14 years and 9 months, and Defendant B visited the home of the victim from time to time while maintaining the relationship with ordinary victims, and the victim did not follow the direction of the defendant.

On July 22, 2013, at around 01:00, the Defendants proposed that Defendant B be raped with the victim “the victim” in the course of dividing conversations with the victim from the chair in the Reinforcement sports park located in the Mancheon-gu Manpo-Eup, Manpo-gu, Manpo-gu, Manpo-gun.

Defendant

A said that Defendant B “I am off the E”, Defendant B said that “I do not refuse to do so,” and the victim’s panty and panty were forced.

Then, Defendant A, by hand, tried to engage in sexual intercourse with the victim by cutting the victim’s arms and cutting the body of the victim’s body towards his will and suppressing the victim’s resistance to his will, and then, attempted to engage in sexual intercourse with the victim. However, Defendant A voluntarily suspended the crime with an unfortuous mind against the victim.

As a result, the Defendants conspired to rape the victim who is the disabled and attempted to commit rape.

Summary of Evidence

On August 29, 2013, the victim was investigated by video recording method at the Chungcheong Ba Support Center, and submitted as evidence a record recording recording of the CD recorded the victim's statement and the victim's statement contained in the CD. At the time of the investigation by video recording method, the victim made a statement to the effect that the victim was sexually punished on the date of the instant crime, alone, at the time of the investigation by video recording method.

However, on September 13, 2013, the victim made a video recording method to protect the defendant B from the police.