성폭력범죄의처벌등에관한특례법위반(장애인에대한준강간등)
A defendant shall be punished by imprisonment for six years.
The information on the accused shall be disclosed and notified for ten years.
Punishment of the crime
At around 12:30 on April 30, 2012, the Defendant, who became aware of the victim’s intellectual disability 2 in the course of paralleling in the house, committed sexual intercourse once with the victim by means of “a knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.”
As a result, the defendant has sexual intercourse with a victim with a mental disability and rape.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness D;
1. Partial statements of each protocol of examination of suspect against the accused by the police and prosecutor's office;
1. Images and voices of video CDs;
1. Medical certificates, pictures, expert opinions of sexual assault against the disabled persons, investigation reports (field photographs), field photographs, certificates of disabled persons, and application of statutes to each such items as well as images;
1. Relevant Article on the facts constituting an offense, Article 6 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 297 of the Criminal Act;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Determination on the Defendant’s assertion under Article 37(1)1 and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 7(1)1 of the Act on the Lapse of Punishment, etc. of Sexual Crimes, Article 41(1)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes
1. The defendant's assertion that the defendant asserted that the defendant was only a fact that he was involved in an act of self-defense by finding in the victim's house the victim's chest and her chest by hand, and that he did not rape by threatening the victim.
2. The credibility of statements made by victims;
A. The instant crime is committed in the situation where only the Defendant and the victim are located at the victim’s residence.