성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)
A defendant shall be punished by imprisonment for not less than four years and six months.
The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.
Punishment of the crime
The defendant had been aware of the introduction of a person with intellectual disability 2 years old, by using the fact that the victim D (18 years old) who was aware of the intellectual disability 2 years old does not actively refuse to engage in the act to place another person, in order to have sexual intercourse with or forced indecent conduct.
1. On April 24, 2014, the Defendant committed the crime around 03:30 on April 24, 2014, around 03:30 on April 24, 2014, the Defendant: (a) shouldered the victim being divingd in the Flurae in Kimhae-si, and led him to the stairs of the building; (b) applied the victim’s pacife and sing off the string; and (c) examined the wall by putting the victim back and cutting back the victim; and (d) prevented the victim from escaping because of the victim’s flurging the victim’s sexual organ into the part of the victim; and (e) has sexual intercourse once with the victim by force by inserting his sexual organ into the part of the victim.
2. At around 05:00 on the same day, the Defendant, at the same time, inserted his sexual organ into the victim’s sexual organ in the same manner at the same time and by force at the victim’s sexual organ at the same time, and continuously put the victim’s sexual organ into the victim’s resistance by inserting the victim’s sexual organ on the same day.
3. At around 07:00 on the same day, the Defendant sent the victim to male toilets located in the fourth floor of the building in the same manner, and inserted his sexual organ into the victim’s sexual organ in the victim’s sexual organ one time by force, and continuously put the victim’s sexual organ into the victim’s the victim’s sexual organ at around 07:00 on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning G;
1. Stenographic records or written confirmation of counseling;
1. Requests for cooperation in investigation and the application of Acts and subordinate statutes;
1. Article 6 (5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;
1. Of concurrent crimes, entry of Article 37 (former part), Article 38 (1) 2 and Article 50 (3) of the Criminal Act shall be the most severe judgment;