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(영문) 청주지방법원 2013.04.26 2012고합346
성폭력범죄의처벌및피해자보호등에관한법률위반(장애인에대한준강간등)등
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

The defendant's disclosure of information about the defendant is made through an information and communications network for five years.

Reasons

Criminal facts

On March 3, 2010, the Defendant: (a) in D located in Jincheon-gun C, Jincheon-gun, Jincheon-gun, the Defendant, while living together in the Defendant’s house from the date when she met the victim E (the age of 21) and her husband F from May 3, 2010 to May 3, 2010; (b) was aware that the victim had a mental disability, such as significantly falling awareness ability or judgment ability of Grade II intellectual disability; and (c) was able to have sexual

1. On March 2010, the Defendant: (a) placed the victim out of the Defendant’s residence, Jincheon-gun, Jincheon-gun, Dalla 202 115, which was the Defendant’s residence; (b) laid the victim out of the house, and laid off the victim’s clothes on the floor; and (c) placed the victim out of the victim’s clothes, and had sexual intercourse once by inserting his sexual organ into the part of the victim’s sound.

2. On Apr. 2010, the Defendant: (a) laid the victim out of a house and laid off the victim’s clothes on the floor; (b) laid off the victim’s clothes; and (c) laid off the victim’s sexual organ into the part of the victim’s sexual intercourse once by inserting his or her sexual organ into the part of the victim’s sound.

3. On April 17, 2010, the Defendant: (a) laid the victim’s clothes from the victim’s room to the outside of the house at the above place; (b) laid off the victim’s clothes on the floor; (c) laid off the victim’s clothes; and (d) inserted the victim’s sexual organ into the victim’s sound part, thereby having sexual intercourse once with the victim.

Accordingly, the defendant has sexual intercourse with the victim on three occasions by taking advantage of the victim's mental disability to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Statement made by a witness F in the fourth trial record;

1. The statement made by each victim in each statement video CD;

1. Each police statement by I and J;

1. Investigation report on victims;

1. Investigation report (to ascertain the whereabouts of a suspect and investigate a witness);

1. The application of Acts and subordinate statutes to the certificate of a disabled person, a certificate of a disability, a certificate of a disability, a certificate of a duplicate of medical records, a psychological evaluation report, and a medical history record book;

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