(영문) 창원지방법원 진주지원 2014.07.03 2014고합31

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(영문) 창원지방법원 진주지원 2014.07.03 2014고합31

성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)

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A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 11, 2013, at around 18:10, the Defendant, one of the agricultural cooperatives managing the enemy size of Handong-gun, was asked by the victims of intellectual disability 3 in a de facto marital relationship with C (the age of 62), a community resident, to leave the house from the victim D (the age of 62) who was in a de facto marital relationship with C, and was asked by the Defendant to leave the victim to the cargo vehicle owned by Epobbb, in order to have sexual intercourse with the victim, while the victim was living in the house of the victim, and the victim was able to have sexual intercourse with the victim by disregarding his/her intention of refusal.

Since then, the defendant operated the above cargo vehicle and expressed that the human resources near the Hadong-gun F Village G located in the Hadong-gun, which is not the victim's house, will not have a sexual relation after driving the said cargo on the road located in the Hadgsan, and that he would not have a sexual relation, and caused the victim to take up the cargo vehicle after loading the cargo, and then let the victim take up the victim's panty to the knee of the victim, and then inserted the victim's panty into the part of the victim.

After the Defendant continued to load with the victim, the Defendant was sparing the victim from the back of the cargo vehicle, sparing the victim’s chest by hand, and attempted to insert his sexual organ into the sound part of the victim, but did not put it into the wind.

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. A statement made in D contained in a video CD;

1. Each police statement of H and C;

1. Written opinions of experts in child and sexual violence;

1. Application of Acts and subordinate statutes to each medical certificate, disability certificate, medical record copy, decision on disability ratings, and mental assessment report;

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. Discretionary mitigation should be taken into account the circumstances of crimes under Articles 53 and 55(1)3 of the Criminal Act.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제6조 제5항

-형법 제53조

-형법 제55조 제1항 제3호

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