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(영문) 광주지방법원 2017.07.07 2017고합78
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

A defendant shall be punished by imprisonment for seven years.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

Since July 209, the Defendant, who is a disabled person of grade 2 with intellectual disability, was living in Gwangju Mine-gu E apartment. Since July 20, 2009, the Defendant had resided in the said E apartment house with the victim since early 2011. Since May 21, 2015, the Defendant had resided in the F apartment of grade 2 with the victim in Gwangju Mine-gu.

1. The Defendant, who violated the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (Rape by blood) entered a small room where the victim (22 to 23) was a victim in the above E apartment from July 20, 2009 to the beginning of July 201, and entered a small room where the victim (22 to 23) was a victim in the above E apartment.

The victim asked "I am to the largest end", "I am to the body of the victim, I am off his body and had sexual intercourse once with the victim after suppressing other resistances on the body of the victim."

Accordingly, the defendant raped a relative related victim.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (e.g., a deceptive scheme, etc. against the disabled) committed sexual intercourse once with the victim, when the Defendant saw the victim (e.g., 29 years of age) by sparing him from the inside of the above F apartment house, and without hearing the horses of the Defendant at ordinary times, by stating that “the victim was off from his blood, knicker,” and without hearing the horses of the Defendant, the victim was forced to knife from the Defendant or knife by knife his knife with the knife’s knife and knife with the knife’s finger.

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

Summary of Evidence

1. Each statement of a statement CD (No. 10 No. 5 of the evidence list) and D recorded in each video CD (No. 26,56 of the evidence list);

1. Each police statement made to G, H and I;

1. Each stenographic record or recording;

1. A summary of the petition for complaint and consultation;

1. Each investigation report (including each accompanying document Nos. 13, 15, 36, 43, 44, 51, 53 and 53 of the evidence list).

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