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(영문) 전주지방법원 2013.12.12 2013고합182

성폭력범죄의처벌등에관한특례법위반(장애인강간)

Text

1. The defendant shall be punished by imprisonment for four years;

2. The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

3.

Reasons

Punishment of the crime

On October 1, 2013, at around 21:28, the Defendant found the victim D (Woo, 47 years old), who was walking a taxi in front of the C Apartment 102-dong, Kim Jong-si, and without his family, thought that the victim, who was a person with a disability, was not able to resist or report at the time of 3rd grade in the married, and was able to commit rape.

After having taken off a taxi, the Defendant: (a) brought the victim from the taxi, and (b) asked the victim, who was unable to see the victim’s house in the above apartment unit, to enter the said house with the victim and to rape the victim; and (c) requested the victim, who was late, to enter the said house with the victim, to find out the defendant and find out the victim.

The Defendant refused to do so by the victim, who was unable to sound the victim's scam, and the other hand did not resist the victim's hand and scam, leading the victim to the emergency stairs of the above apartment building. The Defendant: (a) scamed the victim in an emergency stairs rail, scam the victim's chest by fasting the victim's chest; (b) knife the victim's knife the knife and knife the knife; and (c) knife the victim's knife with the victim's knife and panty; and (d) sexual intercourse by inserting his sexual organ into the part of the victim's knife.

At around 22:00 on the same day, the Defendant continued to attract the victim who was unable to resist due to the foregoing reasons to the victim’s house, exempted the victim’s clothes, and let the victim immediately enter his own sexual organ, and sexual intercourse with the victim by inserting his sexual organ into the victim’s sound book following the victim’s sexual organ, etc.

Accordingly, the defendant raped the victim with a physical disability.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of D and E. 1.