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(영문) 광주지방법원 목포지원 2016.11.24 2015고합176

성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)등

Text

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

The defendant shall complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[Basic Facts] The Defendant and the Victim C (L, 14 years old) are between the external ginseng village and the early car, and the victim has a physical disability of Grade 2 with intellectual disability, and the Defendant had a mind to commit an indecent act by using the victim's relative and intellectual disability.

【Criminal Facts】

1. On July 2015, the Defendant reported the victim, who was playing in the house of the father of the Defendant located in Jeonnam-gun, Jeonnam-gun, with his father, and committed an indecent act by using the victim’s mind that he does not resist any resistance due to intellectual disability as seen above, and by drinking his hand, committed an indecent act by making the victim’s her tum part only once.

2. On July 31, 2015, the Defendant reported the victim’s home in front of the victim’s home in the Jeonnam-gun E, and committed an indecent act with the victim’s mind by using the victim’s failure to resist due to any intellectual disability as above, and committed an indecent act with the victim’s chest and part of the victim’s chest by hand after burning the victim’s car driving.

3. On September 6, 2015, the Defendant reported the victims who had been located in the Defendant’s house located in Yong-Gun F, Youngnam-gun, and committed an indecent act by drinking the victim’s chest and bucks by using the fact that the victim could not resist due to intellectual disorder as above, and by drinking the victim’s chest and bucks.

4. At around 20:00 on October 28, 2015, the Defendant: (a) accessed the victim’s house located above the bed while in the back of the victim’s house located in the Jeonnam-gun E; (b) forcedly, by using the victim’s failure to resist due to intellectual disorder, she exceeded the victim’s spoty and panty; and (c) took the Defendant’s third hand off the Defendant’s spokele inside the part of the victim’s house, thereby committing an indecent act against the victim.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Part of the witness C’s legal statement;

1. Each police suspect interrogation protocol dated November 28, 2015 and December 8, 2015 against the defendant

1. Each family relation certificate C, .