성폭력범죄의처벌등에관한특례법위반(장애인준강간)
A defendant shall be punished by imprisonment for seven years.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Punishment of the crime
The Defendant is a person working as an employee in the "D Mt" in the Daesung-gu U.S., and the victim E (the age of 18 as at the first damage on July 2012) is a class 3 person with disabilities who suffered difficulties, such as refund and accident disability, due to the current illness that occurred from the degree of 13 years of age, and the level of language ability is about 8 years of age and the level of socialization is about 6 months of age.
The Defendant, while working in a flat Mart, tried to divide the victim into horses, found the fact that the victim does not refuse another person's unfair demand, and had the mind to have sexual intercourse with the victim using such victim's disability.
1. Around July 2012, the Defendant discovered the victim who passed the above Matheading path, took the victim into the underground stairs of the building located in F, the wife, and had the victim enter the Defendant’s sexual organ as soon as possible, and had sexual intercourse by inserting the Defendant’s sexual organ into the part of the victim’s sexual organ.
2. Around October 2016, the Defendant discovered the victim who had passed the above Matheading, taken the victim into the stairs underground of the building mentioned in the above paragraph 1 into consideration, and had the victim enter the Defendant’s sexual organ as soon as possible, and had sexual intercourse by inserting the Defendant’s sexual organ into the part of the victim’s sexual organ.
3. On December 28, 2016, the Defendant discovered the victim who passed the front 07:46, and took the victim into the underground stairs of the building as stated in the above paragraph (1), and had the victim enter the Defendant’s sexual organ as soon as possible, and sexual intercourse by inserting the Defendant’s sexual organ into the part of the victim’s sexual organ.
As a result, the Defendant had sexual intercourse three times with the victim by taking advantage of the victim's mental disability that he was unable to resist.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol concerning the interrogation of the accused by the prosecution;
1. E’s statement and stenographic records recorded in video recording CDs;
1. Statement of the police statement related to G;
1. A written statement prepared by G;
1. Each report on internal accidents (the confirmation of the surroundings of the damaged place);