성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한준강간)등
A defendant shall be punished by imprisonment for nine years.
The defendant's disclosure of information to the public is seven years through an information and communications network.
Criminal facts
The facts of the cause of the attachment order and the person subject to the attachment order and the person subject to the attachment order (hereinafter referred to as the "defendant") are the parents of the victim D(s) with intellectual disability 3.
1. Around November 2004, the Defendant, in violation of the Act on the Punishment of Sexual Crimes and the Protection, etc. of the Victims thereof (rape-rape in relation to relatives), and the Act on the Punishment of Sexual Crimes and the Protection, etc. of the Victims thereof (rape-rape in relation to the disabled), committed sexual intercourse with the victim, as described in the annexed Table Nos. 1 through 11, from that time until February 2010, by taking advantage of the victim’s state of non-performance due to mental disability, taking advantage of the victim’s clothes in the state of difficulty to resist.
Accordingly, the defendant has sexual intercourse with the victim 11 times by taking advantage of the victim's kinship with mental disability.
2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape-rape in Relatives) and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape-rape, etc.) committed sexual intercourse with the victim, from that time until August 19, 2013, by taking advantage of the victim’s mental disability in the state of failing to resist, taking advantage of the victim’s clothes, and having sexual intercourse with him/her from that time, until August 19, 2013.
As a result, the defendant has sexual intercourse with the victim three times by taking advantage of the victim's mental disability that the victim is unable to resist.
[Fact that is the cause of an attachment order] The Defendant not only committed a sexual crime against a victim of a mental disability as above, but also committed a sexual crime on two or more occasions, and thus, is recognized as a habit of such sexual crime and is likely to recommit a sexual crime.
Summary of Evidence
1. Defendant's legal statement;
1. Stenographic records (a statement damaged by D);
1. Welfare cards and replies to registered matters of persons with disabilities;
1. Data, etc. from residents;
1. A sexual crime described in the judgment;