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(영문) 인천지방법원 2016.01.15 2015고합554

성폭력범죄의처벌등에관한특례법위반(강간등치상)

Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On July 1, 2015, at around 14:30, the Defendant discovered the victim (at around 14:35 years old, intellectual disability level 2) before the F in Gyeyang-gu Incheon, and brought the victim's grandchildren to the Incheon Gyeyang-gu G and the Defendant's residence in 103.

On July 1, 2015, at around 14:36 to 14:52, the Defendant: (a) got off the victim from his residence; (b) placed the victim on the floor of the room; (c) placed the victim on the part of another victim’s sexual organ on the part of the victim; and (d) placed the victim’s sexual organ into the mouth of the victim; and (c) placed the victim’s sexual organ on the part of another victim’s sexual organ on the part of the victim; and (d) placed the victim’s sexual organ on the part of the victim in a situation where it is difficult for the victim to resist or resist due to mental disorder; and (d) caused the victim

Summary of Evidence

1. Partial statement of the defendant on the fourth public trial date;

1. Video-recording CDs;

1. Investigative report (the details of the prosecutor's direction), each letter, investigation report (report on the victim's diagnosis report, response report related to the victim's diagnosis report, hearing of the H doctor's statement);

1. Reports on internal investigation (the attachment of reports on psychological evaluation, etc. and replies to requests for appraisal);

1. A response to a request for appraisal and a written genetic appraisal;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Article 8 (1), Article 6 (4), and Article 6 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Sexual Crimes, Article 297 of the Criminal Act concerning criminal facts;

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 among the reasons for sentencing)

1. Determination on the assertion by the Defendant and his/her defense counsel under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. The summary of the argument is recognized that the defendant has sexual intercourse with the victim and suffered from the victim’s voice in the process, but the interview does not constitute injury to the crime causing rape.

2.In the case of the crime of injury resulting from rape, the bodily health of the victim is altered in bad condition.