성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)등
A defendant shall be punished by imprisonment for five years.
The defendant shall be ordered to complete a sexual assault treatment program for 200 hours.
Punishment of the crime
[criminal record] On April 30, 2009, the Defendant and the respondent for an attachment order (hereinafter “Defendant”) were sentenced to five years of imprisonment for the crime of violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims thereof (special rape) in the port support of the Daegu District Court. The execution of the sentence was terminated on April 24, 2014.
【Criminal Facts】
Victim C(AW) was admitted to the D Rehabilitation Center in Busan Metropolitan City in around 2001 as a person with a disability of Grade 3 with a intellectual disability of grade 18, and lived for 13 years.
On April 24, 2014, the Defendant released the victim C (here, 18 years of age) who is his/her father from the prison of the Ganbukbuk-do, and brought the victim's mind to live together with the victim in order to have sexual intercourse with the victim C (here, 18 years of age).
1. On April 25, 2014, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (quasi-rape in relation to Relatives) and the Act on the Protection of Children and Juveniles against Sexual Abuse (quasi-rape, etc.) committed one-time sexual intercourse by putting his/her own sexual organ listed on the part of the victim out of the body of the Defendant located in North-gu E at night, with the intent of having the victim sexual intercourse with the victim at night, and getting the victim out of the body of the victim.
As a result, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical condition of mental or impossible failure to resist and at the same time has sexual intercourse with the victim by taking advantage of the victim's mental or physical condition
2. The same year from April 25, 2014 for a defendant who violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Act on the Protection of Children and Juveniles against Sexual Abuse;
5. up to 4. The defendant's house had a mind to commit an indecent act against the victim at the defendant's house and had the victim's room into the victim's room, put his hand into the victim's room, and held the chests of the victim several times.
Accordingly, the defendant uses the victim's condition of mental or physical disability or non-performance.