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(영문) 전주지방법원 2013.05.23 2012고합352

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)

Text

A defendant shall be punished by imprisonment for seven years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

As a result of clinical trials, the defendant is a victim who resides in the same village as the victim D (V, 12 years of age) who has a mental retardation disorder with less than 49, social index 57, social age 7, and social age 7 months.

From springing from springing 2011, the Defendant: (a) from the sixth grade of elementary school, the victim was unable to express his opinion properly due to intellectual disorder; and (b) the victim’s parents got home in the deaf season; (c) so, the Defendant was able to rape the victim with the knowledge that the victim was frequently in the mixed house.

On April 201, at around 18:30, the Defendant confirmed that the victim was married by calls at the victim’s home and confirmed that the victim was married, and she laid off the victim’s clothes in the front-west-gun E, laid off the victim’s inside room, laid off the victim’s clothes in the front-west-gun, and forced the victim to leave the victim’s seat and panty, and forced the victim to leave the victim’s body, and prevented the victim from leaving the body of the victim, and rape the victim with mental disorder under the age of 13 by force, by forcing the victim to put the victim’s chest into force, and committing sexual intercourse.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G (except for the part without admissibility as a hearsay statement);

1. Each prosecutor and police suspect interrogation protocol against the accused;

1. Part of the police statement against the defendant;

1. The statements made by each victim in D contained in the video CD;

1. The police statement of H and G;

1. A victim D counseling center, check, etc., telephone answer (the victim's phone call details), one copy of the results of selection and placement of persons eligible for special education and one copy of the notification of the results of diagnosis and evaluation of persons eligible for special education (16 persons), one copy of the notification of the results of diagnosis and evaluation of persons eligible for special education (18 persons), one copy of the notification of the results of diagnosis and evaluation of persons eligible for special education (16 persons), one copy of the

1. Domestic history reports, elementary school study travel; and