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(영문) 전주지방법원 남원지원 2016.05.19 2015고합26

성폭력범죄의처벌등에관한특례법위반(장애인준강간등)등

Text

A defendant shall be punished by imprisonment for four years.

The information on the accused is disclosed through an information and communications network for a period of five years.

Reasons

Punishment of the crime

1. The victim D (math, 52 years old) who violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (rape, etc. of Persons with Disabilities) is a person with a intellectual disability with the intelligence index 48, social maturity index 23, and social age 6 months, with the ability to recognize and determine as a person with a disability, who has a speech disorder;

The Defendant, a community resident, took the victim's house into his house and work, such as ancient scams, using the fact that the same community victim complies with the direction of others due to intellectual disorder. However, the Defendant was aware that the victim was unable to properly resist or report to the investigation agency, etc. by lacking his ability to distinguish and express his intention.

On August 2013, 2013, the Defendant, at the office of the Defendant located in the Defendant’s house located in the Northern-gun E, the Defendant laid off the victim’s clothes and took the victim’s bath, and had the victim sexual intercourse once by putting the victim’s sexual organ on his bed in his bed room and inserting it into the victim’s negative part.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the fact that it is difficult to resist or resist due to mental disability.

2. On August 2013, the Defendant assaulted the victim’s bridge, broom, etc. on the ground that the victim does not listen to his/her own horses at the home of the above Defendant’s office on the ground that he/she does not hear his/her horses.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Recording records of the prosecution concerning D;

1. Each police statement made with respect to D, F, G, and H;

1. A medical certificate for mental disorder;

1. Photographs;

1. Notice of the expert opinion and the result of statement analysis of sexual assault against persons with disabilities;

1. Application of Acts and subordinate statutes to a report on internal investigation (Attachment to a welfare card for the victim D disabled persons), a report on internal investigation (additional verification at the scene of the crime), a report on investigation (the details of I currency of H), and a report on investigation (report on the details of interview with the victim);

1. Article 6(4) and Article 6(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Punishment, etc. of Sexual Crimes on Criminal Crimes (the fact that a disabled person is quasi-rape and the choice of an organic imprisonment) and Article 260 of the Criminal Act.