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(영문) 서울남부지방법원 2017.07.20 2017고합129
성폭력범죄의처벌등에관한특례법위반(장애인강간)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is in the position of the Defendant, and the Victim D (Ast, 15 years old) was in the position of the Defendant, and the Victim D (Ast, Q 46) was the victim’s intelligence (Ast, the level of “China Mental Delay,” the social mature age (SA) 7 years old and 7 years old, and the social mature index (S Q) 48, and the victim was the disabled of Grade II, who was living in the same kind as the Defendant.

On June 11, 2016, at around 13:00, the Defendant discovered the Victim’s home located in Yeongdeungpo-gu Seoul Metropolitan Government, and first went to the Defendant’s house, and first go to the Defendant’s house, followed the Victim’s arms, and transferred the Victim’s arms to the office of Seoul Yeongdeungpo-gu F, Seoul, 105, and the Defendant and the Claimant for the attachment order, followed the disturbance and roased drinking, and play together with the Defendant “Isker, Isama, Isama” to the Defendant.

In addition, the victim required to do so, but the victim refuses to do so;

In the 17th century and refused, the victim was forced to be kisced and kisced, and kisced off all the clothes of the defendant, and the victim was off and rejected the victim's clothes, but the victim tried to get off the clothes of the victim at the place of detention and put the sexual flag into the negative part, but did not put them into the unexploited and attempted.

Accordingly, the defendant tried to have sexual intercourses with a juvenile who has a mental disability, but did not have attempted to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. The statement made in D in video recording CDs;

1. A gene appraisal report;

1. Analysis of statements on sexual assault against children and persons with disabilities;

1. A report on psychological evaluation;

1. Application of Acts and subordinate statutes to report on investigation (report on interview with victims);

1. Articles 15, 6 (5) (the attempted crime of sexual intercourse with a disabled person by force) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes, and Articles 7 (6) and (5) and (1) (the attempted crime of sexual intercourse between juveniles by force) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1.Articles 40 and 50 of the Criminal Code of Trade and Trade (the punishment shall be heavier).

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