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(영문) 대구지방법원 상주지원 2017.09.14 2017고합24

성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

The defendant shall order the defendant to complete a lecture for sexual assault treatment for 80 hours.

Reasons

Punishment of the crime

The defendant is a disabled person registered as a class 2 of intellectual and visual disability due to a traffic accident that occurred six years prior to the six-year period. The defendant is carrying a pen and visiting home to sell a blick.

On July 17, 2017, the Defendant: (a) visited each household in order to sell pents in the C apartment on July 17, 2017; (b) discovered that the victim was married and has a intellectual obstacle to the residence of the victim D(24 years old) with intellectual disability 2; and (c) decided to have sexual intercourse with the victim.

The Defendant drawn the victim at the entrance of the victim's residence, and brought the victim out of the victim's room because the victim did not resist any resistance due to disability. The Defendant continued to roasting the victim with the words "roasting, roasting, roasting", and laid off the victim's clothes on the victim's floor, and inserted the victim's chest and sound into the part of the victim's sound.

Accordingly, the defendant has sexual intercourse with the victim who has a mental disability by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect against each part of the defendant by the prosecution;

1. Statement made by the prosecution with regard to D;

1. Each police statement made to E and F;

1. Each investigation report (the sequence 9, 11, 17, 23 of the evidence list);

1. Application of Acts and subordinate statutes to expert opinions on sexual harassment cases;

1. Article 6 (5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the Defendant has no record of being punished as a sexual crime, and the instant case has no record of being punished as a sexual crime).