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(영문) 대전지방법원 논산지원 2016.12.21 2016고합37

성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)

Text

A defendant shall be punished by imprisonment for four years.

The seized male and female-maidr (No. 1) shall be confiscated from the accused.

Reasons

Punishment of the crime

The defendant is a person who resides in the same kind as the victim C(n, 20 years of age), and the victim is a person with a intellectual disability of Grade III.

1. From February 11, 2016 to around 13:00 to around 14:00 on February 11, 2016, the Defendant: (a) asked the victim’s mother at the Defendant’s residence located in Seosan-si D to consult with the victim; (b) the victim visited the Defendant’s home, and (c) sees the victim into the room used by the Defendant’s father, she takes the victim into her knife with her mother-gu, and her knife with her mother-gu, and her knife with her mother-gu, and her refusal to do so; and (d) forced her clothes of the victim, she sexual intercourse by inserting the victim’s knife-gu into the part of the victim’s knife.

Accordingly, the defendant has sexual intercourse with a victim who has a disability by force.

2. On February 13, 2016, the Defendant: (a) called the victim’s mother by phone to the victim’s mother on February 13, 2016; (b) let the victim enter the Defendant’s residence as stated in paragraph (1); (c) the victim, who wishes to enter the Defendant’s home room, refused, and sound exempted the victim’s clothes from all; (d) inserted the victim’s sexual behavior mechanism in the form of male sexual flag into the part of the victim’s sound; and (e) continuously sexual intercourse by inserting the Defendant’s sexual organ into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with a victim who has a disability by force.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of the victim recorded in the video CD;

1. Statement of the police statement of E;

1. A written confirmation of counseling on sexual assault cases;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 6 (5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [one of the concurrent crimes resulting from a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (compacting of Persons with Disabilities)] shall be applicable on or around February 13, 2016;