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(영문) 대전지방법원 홍성지원 2017.04.13 2016고합100

성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)

Text

A defendant shall be punished by imprisonment for six years.

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

Reasons

Punishment of the crime

Victim C (AW) is a neighbor who resides in the same Dong Dong Dong Dong Dong Dong Dong Dongdong as the defendant, and is a person who has been judged as a level 3 of intellectual and hearing disability.

1. On May 18, 2016, at around 05:00, the Defendant: (a) while drinking alcohol with the husband of the victim at the victim’s house located in Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-do, the Defendant: (b) had the victim’s body and expressed his/her refusal to do so; (c) had the victim’s body while drinking alcohol with the husband of the victim; (d) had the victim sexual intercourse with the victim out of the body of the victim; and (e) had the victim take care of his/her chest in both arms; and (e) had the victim expressed his/her refusal to do so, he/she put the victim’s arms on his/her part; (e) had the victim taken the body of the victim on his/her part; and (e) had the victim laid off his/her clothes on his/her part; and (e) had sexual intercourse once with the victim’s body.

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

2. On May 19, 2016, the Defendant: (a) had the victim engage in sexual intercourse at the places indicated in paragraph (1) around 07:00; (b) had the victim expressed that “I am only once her chest,” and forced the victim to go off from the victim’s clothes; and (c) had sexual intercourse once with the victim’s body.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Entry of the defendant in part in the first trial record;

1. Statement made by C by the witness in the first public trial protocol;

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

1. Each record with respect to C, and each statement recorded CD;

1. Statement protocol by the police for E;

1. Each response to a request for appraisal;

1. Welfare cards;

1. The application of statutes on experts' written opinions to each child or disabled person against sexual assault;

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. Article 37 (former part of Article 37 of the Criminal Code, Article 38 (1) 2 and Article 50 of the Criminal Code for the aggravation of concurrent crimes.