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(영문) 광주지방법원 2016.01.29 2015고합423
성폭력범죄의처벌등에관한특례법위반(장애인강간)등
Text

Defendants shall be punished by imprisonment for two years.

However, from the date this judgment became final and conclusive, the defendants are every three years.

Reasons

Punishment of the crime

On May 25, 2015, at the house of Defendant B, 305 Dong-dong 402, Defendant B, Defendant A, who was in a physical state of mental retardation, was discharged from clothes to the victim of a physical state of mental retardation (at the age of 14; hereinafter the same shall apply). Defendant B, in the class 2 of intellectual disability, lacks the ability to discern things or make decisions, said Defendants were to have the victim called as the victim.

In spite of refusal, the Defendant had sexual intercourse once by inserting his sexual organ into the sexual organ, and Defendant A had sexual intercourse with the victim by inserting his sexual organ into the victim’s sexual organ once, and Defendant A had sexual intercourse with the victim who had a mental disorder by force.

Summary of Evidence

1. A statement made by the defendant A in compliance with this Court;

1. A part of the statement made by Defendant B in compliance with this Court;

1. A statement made by the witness A to the extent that the statement has been made by this Court (limited to Defendant B);

1. The defendant B and his defense counsel asserted that the victim's statement recorded in video recording (the defendant B had reported the sex relationship between the defendant A and the victim at the time and place of the decision by the defendant B, and that the sexual relationship with the victim was not stated directly.

However, Defendant A’s statement at the scene at the time of the instant crime was made by Defendant B and the victim once more than 2-3 minutes.

shall be consistent with the statements of the victim, such as the statement.

피해자는 수사단계에서, 피고인들과 피해자가 나란히 누워 있다가, 피고인 A가 피해자에게 이불 안에서 바지와 속옷을 벗으라고 하고 피고인 B에게는 피고인 B의 성기를 피해자에게 삽 입하라고 하여, 피고인 B이 피해자에게 뽀뽀를 하고 그녀의 몸과 가슴을 만졌으며 성기를 삽입하였고, 피해자는 이에 기분이 나빴다고

When the victim's statement about the situation at the time is not specifically and directly experienced, the situation is described in detail at the time when the victim's statement is not known.

In addition, the victim from Defendant A on March 2015.

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