성폭력범죄의처벌등에관한특례법위반(장애인준강간등)
A defendant shall be punished by imprisonment for five years.
The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.
Punishment of the crime
The victim C (the 44 years old) was judged as having a disability in the second degree of mental retardation due to a tide disorder (mental division), intellectual disorder, etc., and the victim was merely 58, sociality index 53 (the level of 8 years old and 6 months). The victim did not form a sexual concept but lacks the ability to resist or refuse sexual contacts. The defendant and the person subject to the attachment order (hereinafter referred to as the "defendant") became aware on June 25, 2014, that the victim was the disabled person who was unable to resist by dividing several Mad conversations into the first opportunity for the first time in the street.
1. At around 07:00 on June 26, 2014, the Defendant: (a) was at the victim’s house located in Busan YY-gu; (b) was frightened from the street to the victim’s house; (c) went off the victim’s clothes; and (d) was tried to fright the victim’s body body to be inserted into the victim’s sound part; and (d) did not have a sexual intercourse because it did not occur.
Therefore, the defendant tried to have sexual intercourse with another person by using that person's mental disability is unable to resist, or difficult to resist, and such intention was not achieved and attempted.
2. The Defendant, at around 07:50 on the same day, tried to put the victim’s body part of the victim’s body into the victim’s sound part, but did not have a sexual relationship because he did not have a sexual intercourse with the victim as he was not launched at the victim’s house in the immediately preceding 07:50 on the same day. In order to again attempt to move the victim’s place, the Defendant took away the victim’s body from the above place, and exempted the victim’s clothes, and rejected the victim’s “I must know, I must know, I must see, I must see,” and the Defendant attempted to put the sexual organ on the victim’s body into the part of the victim’s sound, but did not have a sexual relationship.
Therefore, the defendant tried to have sexual intercourse with another person by using that person's mental disability is unable to resist, or difficult to resist, and such intention was not achieved and attempted.
Summary of Evidence
1. Partial statement of the defendant;
1. Witness G;