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(영문) 창원지방법원 통영지원 2018.05.17 2016고합122
성폭력범죄의처벌등에관한특례법위반(장애인강간)등
Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

A victim D (the age of 54) who is a disabled person of Grade 6 and Grade 3 intellectual disability of the defendant and the brain disease is a resident of the same village.

1. Crimes committed in winter on March 2014 (violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (voluntary indecent act by any disabled person);

A. The Defendant committed a crime in the victim’s residence from November 2, 2014 to December 2, 209:00, found the victim’s residence in the male-gun E, and was in the kitchen at that place, and reported the victim’s accommodation “;

There are days to work in the room, the victim was taken in the kitchen room with the kitchen room, the victim was unable to take the son of the victim, and the victim was off from the room, and the breast of the victim was turned out with his son.

Accordingly, the defendant committed an indecent act on the part of the victim with mental disability.

B. From November 201 to December 12, 2014, the Defendant found the victim’s residence in the victim’s village and 09:00, the Defendant moved the victim into an abandoned house in the vicinity of the victim’s seat by putting the victim’s hand over his/her son in a dry field, putting him/her away from the victim’s son, leaving the victim’s son, and leaving the victim’s son away from the victim’s top, and became the victim’s chest by hand.

Accordingly, the defendant committed an indecent act on the part of the victim with mental disability.

2. A crime committed on February 2 through 3, 2015 (a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape of Persons with Disabilities)) is committed on February 2 through 2015;

3. Around 09:00, at around 09:00, the victim found the victim’s residence, saying, “The victim was her house,” left the victim’s house, left the victim’s hand, making the victim unable to take her hand, refusing sexual intercourse, and was forced off the victim’s her part and panty, and attempted to rape by inserting her sexual organ into the part of the victim’s sound, and did not result in rape.

Accordingly, the defendant tried to rape a victim with a mental disability, but attempted to commit such rape.

Summary of Evidence

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