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(영문) 부산지방법원 동부지원 2016.04.01 2015고합159
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)
Text

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

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Criminal facts

The defendant is a computer repair engineer, and the victim C(n, 22 years old) is a cadastral disability of the second degree.

On January 5, 2015, at around 09:30 on January 5, 2015, the Defendant was requested by the father of the victim to repair the computer and had the victim talk with the victim while repairing the computer, and had the victim sexual intercourse with the victim knowing that the victim has a lack of intellectual ability.

Defendant 1, at the same time, had sexual dialogue with the victim at the residence of the victim located in the Hadong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu, sent her bucks, bucks, legs, spaths, and pans of the victim by hand, and she was off the victim's bucks, spaths, spaths, and pans, and her spaths, as soon as the victim refuses to do so, entered his spath and pans into the part of the victim's sound, and sexual intercourse once with the victim.

Accordingly, the defendant has sexual intercourse with a victim of mental disability by fraudulent means or by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, E, and G;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement of the police statement related to G;

1. E statements;

1. Stenographic records or transcript;

1. Domestic history reports (to be accompanied by a counseling site and a voice file), counseling confirmation statement, internal investigation report (Attachment to on-site photographs), field photo, internal investigation report (Attachment to a victim's mobile phone call details, etc.), telephone conversation details, investigation report (Attachment to a victim's emergency call statement), each appraisal statement, expert opinion on sexual violence against children and persons with disabilities, investigation report (Comparison with victim's emergency call, suspect lecture amount comparison with other appraisal reports), each written judgment and case inquiry, each of the summary information of the case (the fact-finding support 2008 high 33), and the text of the judgment (the fact-finding support).

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