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(영문) 청주지방법원 2013.09.13 2013고합113

성폭력범죄의처벌등에관한특례법위반(장애인강간)

Text

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

The defendant shall be ordered to complete 40 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

Around 196, the Defendant was married with the Victim C (V, 37 years of age) and was under the influence of violence against the above victim, and on June 5, 2008, the Defendant was sentenced to a two-year suspended sentence of imprisonment with prison labor at the Cheongju District Court on June 5, 2008, and was subject to a judicial divorce around November 2008, and the said victim was registered as a person with a three-year disability around May 26, 2006.

At around 14:00 on June 21, 2013, the Defendant: (a) called the victim’s house located in Chungcheongnam-si, Chungcheongnam-si; (b) sent the victim to the outside of the house to the outside of the house, and (c) sent the victim a mobile phone to the victim, and (d) got the victim to leave the taxi; but (b) the victim refused it; (c) led the victim’s hand, led the son to the cab and carried the cab to the seat of the Defendant.

At around 15:00 on the same day, the Defendant reported the victim's sexual desire at the Defendant's house located in Chungcheongnam-si, E apartment 302 506 dong 506 on the same day, and called "one defect" with both arms, but the Defendant refused to do so, and the Defendant again carried the body of the victim's hand and "one defect".

However, when the victim refuses to re-thring, such as singinging down the defendant's arms, the defendant forced the victim by putting the victim's arms over the room room by force, and when the victim saw two arms so that the defendant does not get off his clothes on his chest so that the victim cannot do so, he forced the victim's body in the future by putting the victim's body down on two arms so that the victim cannot get off his clothes, and forced the victim's body by putting the victim's body singing down on the side of the second floor, and forced the victim's body singing down to the right door, and forced the victim's body sing down on the side of the second floor, and sexual intercourse once with the victim's will and panty.

Accordingly, the defendant raped the victim with mental disability.

Summary of Evidence

1. Defendant's legal statement;

1. Records of proceedings with respect to victims;

1.Written statements concerning F;