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(영문) 의정부지방법원 고양지원 2019.01.15 2018고합256
성폭력범죄의처벌등에관한특례법위반(장애인강간)
Text

A defendant shall be punished by imprisonment for seven years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The Defendant is a person working in a carpet in the first floor of a protected workplace in the G, which is a welfare facility for persons with disabilities in the Gyeonggi-gu Incheon Metropolitan City, Gyeonggi-gu, and the victim D (Inn, 14 years of age, 14 years of age) is a disabled person of Grade III with intellectual disability who resides in the “E” in a female dormitory for the above welfare facility.

At around 16:00 on October 18, 2018, the Defendant discovered a victim who had been in the Firs practice room in the Firs practice room in the Firs practice room in the above welfare facility, in order to have the victim engage in the sexual intercourse, and, in order to have the victim engage in the sexual intercourse, the Defendant had the victim's hand, who had his sexual desire created, and had the victim her hand, led the victim to the male toilet room in the second floor in the same building, was towed into the male toilet room in the same building, was pushed the victim, was pushed the victim into the side room, was pushed the victim's son and panty, and was forced to neglect the victim's refusal, left the part of the victim's son's son and panty, and added the Defendant's sexual organ to the part of the victim's sexual organ, thereby committing rape with mental disorder.

Summary of Evidence

1. Defendant's legal statement;

1. stenographic records of statement of damage;

1. A copy of the victim welfare card and a certificate of disabled person;

1. A report on internal investigation (on-site investigation, confirmation of stenographic records stating damage, request for appraisal of sexual assault response height), and photographs of the scene of occurrence attached thereto;

1. Application of Acts and subordinate statutes to intermediary reports and expert opinions of sexual assault cases against persons with disabilities;

1. Article 6 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 297 of the Criminal Act, the selection of a limited term of imprisonment for a crime;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse are not limited to unspecified persons, and the Defendant has no same criminal record.

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