beta
(영문) 수원지방법원 안산지원 2014.06.27 2014고합85

성폭력범죄의처벌등에관한특례법위반(장애인준강간등)등

Text

1. The defendant shall be punished by imprisonment with prison labor for ten years;

2. The defendant shall complete a sexual assault treatment program for 160 hours.

Reasons

Punishment of the crime

Defendant

In addition, the person subject to a request to attach an attachment order (hereinafter referred to as the "defendant") was living together with the victim C's male and female's male and female's father E and the mother of C, etc. at the home of C in Sinsti City D.

1. Around July 2013, the Defendant, at the home toilets of the Victim C (year 36) (hereinafter “victim C”), satisfing the victim with a cadastral disability 1, and satisfing the victim’s sexual organ, and inserted the victim’s sexual organ into the negative part.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental disability such as disability to resist or to resist.

2. On August 2013, the Defendant, at C’s house, allowed the victim E (16 years old) who reported television to enter the Defendant’s room, exceeded the victim’s bar, and the victim forced the victim to fright at “I Mad,” and inserted his sexual organ into the victim’s negative part, even though I am fright at the victim’s bar.

Accordingly, the defendant, by force, has sexual intercourse with a child or juvenile victim.

3. At around 11:00 on September 4, 2013, the Defendant exceeded the Defendant’s house located in D, from the victim E (the age of 16) where he transferred the Defendant’s removal from the Defendant’s house, and had the Defendant moved the Defendant’s removal, and had the Defendant forced her removal from the victim’s inner part, and inserted his sexual organ into the victim’s negative part.

Accordingly, the defendant, by force, has sexual intercourse with a child or juvenile victim.

Summary of Evidence

1. Partial statement of the defendant;

2. Legal statement of witness E;

3. Recording records of each of the statements C or E;

4. Application of Acts and subordinate statutes to professional opinions on sexual assault cases against children with disabilities;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) The point of quasi-rape of the disabled: Article 6 (4) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

(b) The occupation of child or juvenile sexual intercourse by force: Article 7 of the Act on the Protection of Children and Juveniles against Sexual Abuse.