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(영문) 의정부지방법원 2014.08.27 2014고합81
성폭력범죄의처벌등에관한특례법위반(장애인에대한준강간등)
Text

A defendant shall be punished by imprisonment for six years.

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

Reasons

Punishment of the crime

【Criminal Facts】

On May 12, 2011, the Defendant was sentenced to imprisonment with prison labor for eight months and two years of suspended sentence on May 20, 201, for the crime of violating the Act on the Punishment of Sexual Crimes and Protection of Victims (rape-rape, etc. against Disabled Persons) by committing an indecent act against Victim C (Inn, 21 years of age, 21 years of age, 2 level of intellectual disability) and the victim’s birth D (Class 2 of intellectual disability).

In Macheon-si, the Defendant became aware of the victim's family members when there is no mother of the victim at the time when the victim was living in the same house with the Defendant.

On March 4, 2014, the victim's family members were sponsed by the defendant who is in the "F of the Gangwon Iron-gun", and re-sponsed by the director and the director.

From around 23:00 on March 11, 2014 to 05:00 on the same month, the Defendant, who was unable to be able to fright together with the her mother in the same room at the defendant's room, putting the her hand in the clothes of the victim who was frighted by the defendant's room, forced the victim's her part and panty, forced the victim's her part and panty, cut off her part, and her part of her part, went off her body, and raped the victim by committing sexual intercourse once.

Accordingly, the defendant raped the victim by taking advantage of the victim's state of impossibility to resist due to mental disability.

(2) On May 12, 201, a person subject to the attachment order was sentenced to imprisonment with labor for 8 months and 2 years of suspended execution on May 201, 201 and sentenced to 8 months for the crime of violating the Act on the Punishment of Sexual Crimes and Protection of Victims (rape, etc. against Disabled Persons) by committing an indecent act against the victim C and the victim D at least four times from the date of July 2009 to the date of August 12, 2010. On May 20, 2011, the above judgment became final and conclusive on May 20, 201, and even around March 12, 2014, the victim C committed rape by taking advantage of the victim’s state of refusal to resist due to any mental disability. The requester for the attachment order committed a sexual crime against the victim who is a mentally disabled person.

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