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(영문) 수원지방법원 평택지원 2014.09.17 2014고합92
성폭력범죄의처벌등에관한특례법위반(장애인준강간등)
Text

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 May 2013, the Defendant: (a) came to know of the victim E (the age of 31) with intellectual disability Grade 2 (the result of trial decision September 2013) falling under the overall intelligence level 43, social age 7 years and 6 months, and social index 47 (the result of trial decision of September 2013), followed the Defendant’s attempt to commit an indecent act against the victim by taking advantage of the circumstance that the victim was unable to make a normal accident due to the lack of intelligence and the lack of judgment ability.

On May 24, 2013, around Pyeongtaek-si 21, the Defendant: (a) laid the victim from the end of D in front of Pyeongtaek-si 21 (FSM520 car; (b) laid the victim to a H hotel located in Pyeongtaek-si at around 15:30 on the same day; (c) laid off the victim’s clothes to the victim under the above hotel 7009; (d) forced the victim to refuse to do so; and (e) forced the victim to do so; (e) laid off the victim’s chests, bros, panty, and panty; and (e) put the victim’s chests and pans, and put the Defendant’s fingers into the part of the victim’s drinking; and (e) put the victim’s fingers in the part of the victim’s fingers, thereby causing mental disorder.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the victim in the third protocol of interrogation of the accused prepared by the police officer on the third occasion;

1. Statement of statement concerning I prepared by the police officer;

1. Recording a record of the statement of the victim prepared by the Stenographic Court;

1. Each investigation report (including attached documents or photographs) by police preparation on each criminal investigation report (related to confirmation at the scene of receipt, victim, restaurant, and hotel with respect to submission of monetary records, / text messages related to text messages / analysis report related to the date, time, time, and place of damage);

1. Statement of the expert opinion of the case of sexual assault against children with disabilities prepared by the K in the statement investigation and analysis expert;

1. Preparation of L by the Gyeonggi Provincial Police Agency or the Cyber Criminal Investigation Agency;

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