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(영문) 대전지방법원 공주지원 2015.01.14 2014고합7

성폭력범죄의처벌등에관한특례법위반(장애인에대한준강간등)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The defendant was in close relationship with the victim C (n, 49 years of age)'s house for not less than 20 years, and the victim is a person with intellectual disability 2nd degree of disability who helps the victim work on the house and the day and day in the "D" operated by the defendant.

On January 201, 201, when the Defendant was at his own house located in E in the middle and lower order, the Defendant exceeded her panty and got the victim into the room, let the victim talked with her inner organ, demanded the victim to enjoy her inner organ, demanded the victim to be out of all her inner organ, followed by the victim’s panty and panty, followed the victim’s hair at her own seat, and her head at her own seat, and had the victim engage in sexual intercourse with the victim.

Accordingly, the defendant raped the victim who was unable to resist due to mental disability.

Summary of Evidence

1. C’s legal statement;

1. Recording notes, investigation reports;

1. Video CDs, video CDs (the witness C’s legal statement and record recording, and investigation report (the record reveals that C was sexual assault damage to his/her mother F at the time of his/her establishment of the year of the year of the year of the year of 2011, C first knew of the damage inflicted on the Defendant compared to the damage inflicted on the Defendant who committed the same kind of crime as the instant crime, and even from the investigation agency to this court, C clearly separates the Defendant and G from the Defendant to this court.

C The main contents of the damage suffered by the defendant from the investigative agency to this court are described in detail not only in the language but also in the character of a person or a son.

In full view of these circumstances, C’s legal statement attitude, video CDs, video recording CDs, and the investigative agency’s attitude to confirm through sheshed, the witness C’s legal statement is deemed to be reliable.

Although C is the defense counsel's argument, the crime of this case is committed.