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(영문) 광주지방법원 목포지원 2012.10.25 2012고합156
성폭력범죄의처벌등에관한특례법위반(장애인에대한준강간등)
Text

A defendant shall be punished by imprisonment for six years.

The information on the accused shall be disclosed and notified for ten years.

Reasons

Punishment of the crime

The victim C(the age of 26) is a person who was judged as a disabled person in the second degree of mental retardation of the Social Index Q Q 55 (Social Age SA 7 years and 9 months), who was not aware of the meaning of pregnancy, and was not aware of the meaning of pregnancy.

From around January 1998 to 2004, the Defendant was sentenced to dismissal of prosecution on the ground of the cancellation of complaint against the criminal facts committed by indecent act, such as inducing the above victim who is 15 years of age from the Gwangju District Court Branch around April 12, 200 to the Defendant’s residence, and inducing the above victim who was 15 years of age at the time from the Gwangju District Court Branch around January 23, 200 to the Defendant’s residence, and was well aware of the fact that the victim was the above intellectual disabled person.

around July 2010, the defendant found the victim who had still been living in the above D apartment, and induced the victim to rape.

The defendant said that the victim "the 30,000 won Chewing" was the victim, and enticed the victim to the residence of the defendant in the above D apartment 103 102 dong 102.

The defendant, who cares for the victim by the defendant's room, exceeded his clothes first, exceeded his will and panty, and sexual intercourse by inserting the defendant's sexual organ into the victim's sexual organ.

Accordingly, the Defendant had sexual intercourse with the victim by taking advantage of the victim’s mental disability that the victim was unable to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police protocol of statement of C, E, F, and G;

1. A copy of a welfare card;

1. A written request for appraisal;

1. AH school life record;

1. A certificate of disability and a certificate of disability;

1. Investigation reports (Attachment to suspects, copies of judgments, etc.), written rulings, etc.;

1. An investigation report (report on the result of execution of a warrant for search, seizure, and inspection), - A copy of a certificate of disability diagnosis and medical records;

1. A criminal investigation report (a summary of statements made by video recording of the victim);

1. Investigation report (the details of interview with victims);

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