성폭력범죄의처벌등에관한특례법위반(장애인준강간)
A defendant shall be punished by imprisonment for six years.
The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.
(e).
Punishment of the crime
Defendant
In addition, the person who requested an attachment order (hereinafter referred to as the "defendant") is a person who operates the Category D shuttle bus with a bus engineer belonging to the "C" located in the Gangwon-gun, and the victim E (V, 19 years old) is a person with a intellectual disability of class 2.
On December 2, 2013, the Defendant was aware of the victim’s birth in the vicinity of his/her residence, and then he/she was able to engage in sexual intercourse with the victim by attracting him/her at his/her own house by using the fact that the victim did not make a normal judgment or active refusal due to mental disorder and gave his/her consent easily.
1. The indictment written around January 12, 2015 stated “as of January 19, 2015,” but in light of the contents of the main text, it appears to be a clerical error in the phrase “as of January 12, 2015.”
On January 12, 2015, the Defendant, at around 16:30 on January 12, 2015, had the victim who was in the vicinity of the Gangwon-gun F, and had the victim go to the above residence, and had the victim go off the clothes by saying, “I am off the clothes one time,” and had the victim go off the clothes, and sexual intercourse by inserting the victim’s chest into the part of the sound.
Accordingly, the defendant has sexual intercourse with the victim by taking advantage of his mental disability having difficulty in resisting the victim.
2. On November 2015, the Defendant, at around 16:30 on the date of November 2015, 2015, induced a victim, who was nearby in the same manner as described in paragraph 1, to the above place, and had the victim go off his clothes, cut off the victim’s chest, and inserted the victim’s sexual organ into the part of the victim’s sound.
Accordingly, the defendant has sexual intercourse with the victim by taking advantage of his mental disability having difficulty in resisting the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness G and H;
1. A protocol concerning the interrogation of the accused by the prosecution;
1. G.