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(영문) 대전지방법원 홍성지원 2013.08.08 2013고합26

성폭력범죄의처벌등에관한특례법위반(장애인강간)

Text

A defendant shall be punished by imprisonment for five years.

The defendant's disclosure of information to the public is seven years through an information and communications network.

Reasons

Criminal facts

and the facts constituting the cause of the request for attachment order [criminal facts]

1. 성폭력범죄의처벌등에관한특례법위반(장애인에대한준강간등) 피고인 겸 피부착명령청구자(이하 ‘피고인’이라 한다)는 2011년 5월경 보령시 C에 있는 병원에서 정신지체 장애 3급인 피해자 D(여, 31세)을 피고인의 차량에 태워 C에 있는 모텔로 데리고 간 후, 모텔 방에 단둘이 있는 상태에서 피해자에게 성인영상물을 억지로 시청하게 하고 때리려는 시늉을 하며 피해자에게 옷을 벗으라고 한 다음 피해자를 1회 간음하여, 정신적인 장애로 항거불능인 상태에 있는 피해자를 강간하였다.

2. From around July 30, 2012, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (compact, etc. against the disabled) at the home of the victim D (n, 32 years of age) with mental retardation disability E in Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, and due to the foregoing circumstances, etc., the Defendant is obliged to leave the clothes of the victim who had a fear of fear to the Defendant. In order to have a sexual intercourse with the victim, the Defendant had a sexual intercourse with the victim at once after having a sexual intercourse with the victim from May 4, 2013.

2. A total of four times, such as the statement in the list of crimes, has sexual intercourse with a victim who has a mental disability by force.

[Judgment of the court below] The Defendant committed a sexual crime on two or more occasions, and committed a sexual crime against a person with a mental disability, and committed a sexual crime, and is likely to recommit a sexual crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Investigation report (a report on verification of the level of communication capability, such as documents for application for registration of persons with disabilities, etc. by the victim), internal investigation report (related to text messages sent by the victim), internal investigation report (in relation to text messages sent by the victim), internal investigation report, and internal investigation report (a statement of the specialist in statement in the

1. A written appraisal;

1. The risk of recidivism of sexual crimes, and recidivism in the judgment: