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(영문) 창원지방법원 진주지원 2016.09.01 2016고합35
성폭력범죄의처벌등에관한특례법위반(장애인강간)등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, who became aware of in the course of attending the same elementary school, committed rapes or commits indecent acts by using a state where it is difficult for a victim C (the age of 14, intellectual disability level 2) to resist due to intellectual disability.

1. The Defendant of the Special Act on the Punishment, etc. of Sexual Crimes (Rape with Persons with Disabilities) said that on August 201, 201, the Defendant took the victim into custody of the victim’s home located in Jinnam-si, Jinnam-si, and took the victim off his clothes. However, the Defendant expressed that the victim’s resistance should be harmed if the victim refuses his/her refusal to take the victim’s hand and led the victim to his/her knife and her knife his/her knife, and the victim’s refusal to take the victim’s hand.

Therefore, the defendant exceeded the victim's knee and let the victim knee kne in the floor, and sexual intercourse with the victim by inserting the victim's sexual organ into the part of the victim.

Accordingly, the defendant raped the victim who is the disabled.

2. On August 201, 201, the Defendant: (a) raped the victim as stipulated in paragraph (1) of this Act; (b) took the victim from a kindergarten affiliated with F Elementary Schools, which is located in Jinnam-si, Jinnam-si; and (c) took advantage of the fact that the victim did not resist the Defendant, due to the crime referred to in paragraph (1), the victim was not frightly against the Defendant; and (d) took part in the victim’s breast part and the part and the part and the part of the victim’s chest were met.

Accordingly, the defendant committed an indecent act against the victim who is a disabled person.

Summary of Evidence

1. Legal statement of witness G;

1. A statement made or a video CD;

1. Report on internal investigation (the report on the specific details of personal information of the suspect A);

1. Each investigation report (with regard to the picture of the victim's place of damage and on-site inspection of the victim's accompanying site);

1. A certificate of victim with disabilities, a copy of the diagnosis certificate of victim with disabilities, and a clinical examination certificate;

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