성폭력범죄의처벌등에관한특례법위반(장애인강간)등
A defendant shall be punished by imprisonment for seven years.
The defendant shall order the completion of the sexual assault treatment program for 80 hours.
Punishment of the crime
1. The defendant is a relative of the victim C (influence by blood relative) in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape with the disabled) and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape with blood relative). The victim is a disabled person with a disability with a selective silent (influence with a certain situation or child apprehension that does not appear before a person, even though there is no disability to a sexual institution) in the second disability
The defendant tried to have sexual intercourse with the victim by taking advantage of the gaps of other family members from the defendant's house located in G in Gandongdong-gun around the time of 2012.
Therefore, when the victim refuses to do so, the defendant, in his/her hand, made the victim's selling, prevented the victim from resisting against him/her when he/she returned, and sexual intercourse with the victim once.
Accordingly, the defendant rapes a person with a relationship with the defendant, and at the same time rapes a person with a mental disability.
2. On September 9, 2015, the Defendant violated the Child Uniforms Act (child abuse) at the Defendant’s house located in Glocket E, Glocket E, for the reason that the victim C (the 15-year-old age), was faced with the victim’s friendship and distress, the victim’s face was taken once in one time, and the victim’s body was taken once in one time due to brooms, and the victim’s body was taken once in one time.
As a result, the Defendant committed physical abuse that may injure the body of a child victim or harm the health and development of the body.
Summary of Evidence
1. Partial statement of the defendant;
1. The legal statement of the witness C (including the written reply bound to the fourth public trial record);
1. Each legal statement of witness F, G, H and I;
1. Statement made by each prosecutor of the prosecution against J, K, and H;
1. Application of Acts and subordinate statutes governing family relations certificates;
1. Article 5(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the pertinent legal provisions concerning criminal facts (a) and Article 6(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 297 of the Criminal Act (a) and Article 71(1) of the Child Welfare Act.