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(영문) 의정부지방법원 2014.06.12 2013고합564
성폭력범죄의처벌등에관한특례법위반(장애인준강간등)
Text

A defendant shall be punished by imprisonment for four years.

An order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On September 14, 2013, while the Defendant received an allowance from a recipient of basic livelihood without a certain occupation, and resided in the Gu's own house, returned to a free school in Pyeongtaek Seoul Station, Cheongyang Station, etc., and received an free school meal service, the Defendant became the victim D of Grade 1 with intellectual disability in the vicinity of Seoul Central District on September 14, 2013 (In this case, 26 years of age, 10 months of age, 10 months of social age, 68 of intelligence index).

When the Defendant came to know that the victim's intellectual disability was so severe that it was in the process of dialogue with the victim, and that there was a experience of attracting female E, which significantly falls short of sacrifies, due to intellectual disability even around July 2003, and sexual intercourse was experienced by attracting the victim to house and attracting him/her to sexual intercourse. Thus, even if he/she sexual intercourse with the victim, the victim did not report it to his/her family or investigation agency.

On September 2013, 2013, the Defendant: (a) entered a person who was off the clothes of the victim at his own house located in G, her own house, with the victim’s chest, she was frightened, and she was frightened, and she was tryed to insert her sexual organ into the part of the victim’s sound; (b) the victim’s chest and frighten were her own sexual organ into the part of the victim’s chest and frighten; and (c) the victim’s chest and fright were her own sexual organ into the part of the victim’s body after the mold passed.

Accordingly, the Defendant had attempted to engage in sexual intercourse once by taking advantage of the state of the victim who has been unable to resist due to a severe disability, and attempted to engage in sexual intercourse once.

Summary of Evidence

1. Partial statement of the defendant;

1. stenographic records of victims;

1. Statement-recording CDs;

1. Photographs taken by suspects, victims, subwayss;

1. Welfare cards;

1. Deliberation and evaluation reports on victims;

1. Application of Acts and subordinate statutes to written appraisal;

1. Relevant provisions of the Act on Criminal Crimes and special cases concerning the punishment, etc. of sexual crimes selected for punishment;

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