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(영문) 대구지방법원 경주지원 2014.07.25 2013고합81
성폭력범죄의처벌등에관한특례법위반(장애인준강간등)
Text

A defendant shall be punished by imprisonment for five years.

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

Reasons

Punishment of the crime

Defendant

In addition, the person subject to a request for attachment order (hereinafter referred to as the "defendant") had been aware of the victim C (the victim's intellectual ability at approximately 4-8 years of age) with the intellectual disability level 2 (the victim's intellectual ability at approximately 4-8 years of age) living in the same neons for about 2 years, and did not fully understand the meaning of sexual behavior due to the mental disability of the victim and without sufficiently understanding the meaning of sexual behavior.

On June 2, 2013, the Defendant, at the 17:00 on June 22, 2013, told the victim to talk with the victim or to have sexual intercourse with the victim, and tried to take the victim's house with the victim. On the same day, at around 17:00 on the same day, the Defendant moved the victim to the telecom in D.

The Defendant, while holding a shower off the clothes of her mother-mathma, she saw the victim as “nicking off the clothes”, but the victim forced the victim to get off the clothes continuously and forced him to do so, and sexual intercourse once with the victim, etc., from January 15, 2013 to June 22, 2013, he sexual intercourse with the victim over ten times in total, such as the list of crimes in the annexed list of crimes, thereby having sexual intercourse with the victim, taking advantage of the victim’s mental disability, who is in a state of non-competence.

The defendant, who has a cause for an attachment order, committed a sexual crime against a person with a mental disability, and committed a sexual crime two or more times, is recognized as a habit of such crime, and is in danger of repeating a sexual crime in light of the circumstances and frequency of each crime, the defendant's environment, character and conduct, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Part of the witness C’s legal statement;

1. Investigation report (for a specified period of time for crime) - Two copies of suspect attendance record pocketbooks;

1. Case receipt records;

1. Investigation report on children or persons with disabilities;

1. A written appraisal;

1. Records of proceedings of statement;

1. The risk of recidivism of sexual crimes as indicated in the judgment: The following shall be considered to have been integrated of each of the above evidence and the investigation report before the request:

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