성폭력범죄의처벌등에관한특례법위반(장애인준강간)
A defendant shall be punished by imprisonment for five years.
The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.
Punishment of the crime
A victim B (the age of 21) is registered as a Grade III intellectual disability. However, the victim B (the age of 21) is an owner of intellectual disability level 43 of the total intelligence index, the social age is 11 years old, and is an owner of intellectual disability level 2 years old, and a person who has no or significant difficulty in exercising sexual self-determination in a state of considerable decrease in knowledge and ability to determine sexual situation.
In 2017, the Defendant became aware of the victim who was hospitalized in the next sick room at the time of hospitalization in C Hospital. Since the victim directly speaks that there is a intellectual disability, the Defendant, so that the victim was unable to exercise his/her right to sexual self-determination or has a significant impediment to his/her ability to resist sexual intercourse, and that it is difficult for the victim to resist sexual intercourse, he/she was aware of the fact that he/she
At around 13:00 on December 12, 2018, the Defendant: (a) met the victim in the E-art located in Kangwon D; (b) went the victim into nearby Fur G; (c) went off the victim’s clothes from nearby Fur G; and (d) went off the victim’s chest with her hand; (c) cut off the victim’s chest with her feet, cut off the victim’s chest; and (d) pushed the victim’s body in the rear, pushed the victim’s body, and inserted the sexual organ into the victim’s quality.
Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental disability in a state of difficulty or resistance.
Summary of Evidence
1. Partial statement of the defendant;
1. The accused and the defense counsel of the suspect interrogation protocol against the accused at the prosecutor's office and the defendant responded to the purport that the crime was committed on the grounds that the defendant was inserted in the prosecutor's office at the time of the investigation, but the defendant made a statement without accurately recognizing the meaning of the terms such as the insertingment and the situation. As such, the defendant led to the confession
Although it is alleged to the effect that it cannot be used as evidence of guilt, the defendant is in the police investigation.