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(영문) 서울남부지방법원 2017.07.24 2017고합241
성폭력범죄의처벌등에관한특례법위반(장애인준강간)등
Text

A defendant shall be punished by imprisonment for four years.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is a victim C (the 39 years of age) with intellectual disability 2 and his/her her son D (the 5 years of age) with his/her son D (the 5 years of age) on June 11, 2016.

1. When the Defendant came to know that there was a intellectual disability to the victim C, who was playing along with his/her son in the F games located in Gangseo-gu Seoul Metropolitan Government E, by standing a horse at the victim’s horse and divided the victim’s horse into a flusium, etc. around the same day, the Defendant: (a) viewed the victim as the victim’s flusium in the vicinity of the victim; (b) viewed the victim as the victim’s flusium in the vicinity of the victim’s horse; and (c) viewed the victim as the victim’s flusium in the middle of Korea; but

After leading the victims of the defect and moving the Hel 2nd floor, which is located in Gangseo-gu Seoul Metropolitan Government, along with his/her his/her father and her mother, to the hel gate, which is located in the neighboring Gangseo-gu Seoul Metropolitan Government, , she laid off the victim who could not resist any resistance due to intellectual disorder into the bend, and she laid off the victim's clothes on the part of the victim, while his/her father and her mother report his/her father to the victim, and laid down his/her chest and her chest into the part of the victim's sound.

Accordingly, the defendant had sexual intercourse with the victim once by taking advantage of the victim's mental disability in a state of impossibility to resist.

2. The Defendant violated the Child Reinstatement Act (child abuse) committed one time sexual intercourse with the victim’s mother C in the time and place described in the above paragraph 1, among the victims D who are children, at the same time and place.

As a result, the defendant committed emotional abuse against the victim, who is a child, causing harm to mental health and development.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Stenographic records of the Integrated Support Center for Victims of Sexual Violence in South and North Korea (D, C);

1. Opinion on the statement and analysis of sexual assault against each child or disabled person (C, D);

1. Application of Acts and subordinate statutes to a report on psychological evaluation;

1. Article 6(4) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc., concerning criminal facts, Article 6(4) and (1) of the Child Welfare Act.

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