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(영문) 수원지방법원 안산지원 2018.09.07 2018고합120

성폭력범죄의처벌등에관한특례법위반(장애인강간)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The part of the facts charged was revised to the extent that it does not affect the defendant's defense right.

Defendant

In addition, a person subject to a request for an attachment order (hereinafter “Defendant”) was in a state of mental disorder 2, and was in a state of lacking the ability to discern things or make decisions due to the e-mail, religious network, etc., which is symptoms of e-mail, and the victim C (a person under 30 years of age) was a person with intellectual disability 2 who resides in the same apartment as the Defendant.

On March 15, 2018, at the defendant's house located in D Apartment No. 1313, 1219, 17:25, around 17:3. 15. 17:25, the defendant proposed that the defendant's sexual intercourse was defective, but the victim refused it, and the victim's refusal to do so. The defendant's transition (14cm in total length, 8cm in length) located on the kitchen at the site of the defendant's own. The defendant's house in D apartment house No. 1313, 1219, 1319, and 140,

“The victim, who frightened, she was off the clothes of the victim, was trying to insert the sexual organ into the part of the victim’s drinking room in a state where the victim was lying on the floor, and was able to put the victim’s sexual organ into the part of the victim’s drinking room, and the victim was able to resist the victim’s et al. by drinking, drinking, and drinking with drinking and drinking, so long as the victim cannot resist against the victim’s sexual intercourse once.

Accordingly, the defendant raped the victim with a mental disability by assault threat.

Summary of Evidence

1. Partial statement of the defendant;

1. Stenographic records in relation to C;

1. A written statement concerning C (tentative name) written statement of the victim;

1. A protocol of seizure and a list of seizure;

1. Welfare cards;

1. Details of receipt of the victim mobile phone;

1. Photographs of the victim's injury, and internal photographs of the scene of the crime;

1. The defendant and his/her defense counsel asserted that the defendant's response to the request for appraisal (the defendant and his/her defense counsel cited the above excessive amount at the time of the crime in this case

The victim of the lives, "the defendant saw the defendant as his hand in excess of his clothes" at the investigative agency, and then the victim threatens the defendant to be off his clothes.