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(영문) 춘천지방법원 원주지원 2015.11.30 2015고합74

성폭력범죄의처벌등에관한특례법위반(장애인준강간)

Text

A defendant shall be punished by imprisonment for seven years.

The defendant shall complete a sexual assault treatment program for 120 hours against the defendant.

Reasons

Punishment of the crime

The defendant is working as C apartment security guard at the prime city, and the victim D (the age of 32) who lives in the above apartment complex is higher than that of the general public with mental retardation disability 2, was aware of the lack of intellectual ability, and was willing to have sexual intercourse by inducing the victim to engage in sexual intercourse.

1. At around 07:00 to 08:0 on August 2014, the Defendant carried the victim, who had been cross-examination at the guards room of the above apartment building 202, in a toilet room, and went off the victim’s spanty and panty, and she first sited above the victim’s spanty before a toilet changeer, and then put the victim’s sexual organ into the victim’s quality, and had the victim have sexual intercourse with the victim by taking advantage of the victim’s difficulty in resisting due to mental disability.

2. On October 16, 2014, around 16:00, the Defendant: (a) induced the victim from the above apartment 202 apartment parking lot, to be “able”; and (b) 202 underground rooms where the victim was brought in and out of the victim; (c) lying the victim on the bed; and (d) putting the victim out of the bed of the bed and panty of the victim; and (d) put the Defendant’s sexual organ into the bed of the victim’s quality; and (d) putting the victim’s sexual organ into the victim’s state of difficulty in resisting

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

1. Two video CDs;

1. A medical opinion and a psychological evaluation report;

1. Application of Acts and subordinate statutes to photographs on crime scene;

1. Article 6 (4) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 297 of the Criminal Act concerning the applicable provisions on criminal facts and the selection of punishment for each sexual crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. An order for disclosure and notification;