특정범죄가중처벌등에관한법률위반(영리약취ㆍ유인등)등
A defendant shall be punished by imprisonment for four years.
The defendant shall be ordered to complete 160 hours of sexual assault treatment programs.
Criminal facts
On July 2012, the Defendant became aware of the victim D (Grade 39, hearing and intellectual disability 1) in the next play lot of the C Apartment Building in Gwangju North-gu, Gwangju-gu, Gwangju-gu, about July 2012.
After that, the defendant continued to contact the victim with the victim, had the victim buy food and clothes, or lent a bicycle, etc., and had the victim spawn in mind, and had the female take the place into the defendant's house for an indecent act and sexual intercourse.
1. At around 19:00 on October 25, 2012, the Defendant: (a) lent the bicycle to the victim at the event in front of the C apartment in Gwangju Northern-gu, Gwangju; (b) moved the victim into the house of the Defendant located in Gwangju Northern-gu, and (c) started from that time until November 12, 2012, thereby allowing the victim to stay in the house of the Defendant for about 19 days.
Accordingly, the defendant enticed the victim for the purpose of indecent act and sexual intercourse.
2. The defendant has committed the crime of quasi-rape against the person with mental disability three times in the following manner:
On October 27, 2012, the Defendant, at around 03:00 on October 27, 2012, exceeded all clothes of the Defendant, taking advantage of the victim’s state of failing to resist due to intellectual disorder, and sexual intercourse by inserting the sexual organ into the part of the victim’s sound.
B. On November 7, 2012, the Defendant, at the home of the Defendant around the new wall, exceeded all clothes of the victim, taking advantage of the victim’s state of difficulty to resist due to intellectual disability, and sexual intercourse by inserting the victim’s sexual organ into the part of the victim.
C. On November 8, 2012, the Defendant, at the inside of the house of the above Defendant, exceeded all clothes of the victim, taking advantage of his/her state of difficulty to resist due to intellectual disorder, and sexual intercourse by inserting his/her sexual organ into the part of the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness F;
1. Each statement of D contained in each statement recording CD;
1. Examination protocol of the accused by prosecution;
1. Each police statement of G and H;
1.Each.