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(영문) 수원지방법원 2014.06.24 2013고합513

성폭력범죄의처벌등에관한특례법위반(장애인강간)

Text

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

Reasons

Punishment of the crime

At around 12:45 on March 26, 2013, when the defendant knew with the victim C (Inn, 24 years of age) who works together in the workplace, found the victim's house in Suwon-gu D apartment 105 Dong 1901, Suwon-gu, Suwon-si, Suwon-si, 105, and 1901, and found the sexual intercourse. However, as the victim refused to refuse to do so, the defendant saw the victim's arms back, plicked the victim's clothes back, cut off the victim's clothes, plicked the victim's clothes on his/her own floor, led the victim's desire to take the victim's clothes down on his/her own floor, sealed the victim's resistance by inserting his/her own sexual organ into the part of the victim.

Summary of Evidence

1. Legal statement of witness E;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. The video tape CD No. 1 (victim's statement);

1. Photographs, such as a trace of the remaining body of the suspect;

1. Investigative report (victims 112);

1. Determination on the assertion of the defendant and defense counsel in the certificate of the disabled, the written opinion of sexual assault against the disabled

1. The summary of the assertion is that the victim informed the victim of the location of his house by leaving the phone, and did not assault the victim by plucking, plucking, etc., but did not put the victim into the wind reported to the police by the change of sex.

2. In full view of the following circumstances recognized by the evidence duly adopted and examined by this Court, the fact that the Defendant had sexual intercourse with the victim with intellectual disability is sufficiently recognized.

Therefore, we cannot accept the above argument of the defendant and his defense counsel.

The victim called dial-a-a-a-the-spot by the victim at the time of the investigative agency and became the center of the victim.

The defendant takes a bath for the victim, plucking him with a pluck, plucking him, and cutting his clothes first, and blicks of the victim.