(영문) 수원지방법원 2013.04.11 2012고합1344

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(영문) 수원지방법원 2013.04.11 2012고합1344

성폭력범죄의처벌등에관한특례법위반(장애인에대한준강간등)

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A defendant shall be punished by imprisonment for eight years.

The defendant's disclosure of information about the defendant shall be made through an information and communications network for ten years.

Reasons

Criminal facts

On December 12, 2012, the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") had been requested to engage in sexual intercourse with the victim E (the age of 21) who suffers from the uncultural disorder in the sobrying soup, at around 10:00 on December 12, 2012, was aware that the victim E (the age of 21), who suffered from the unpsychological disorder in the sobrying and so on, and the victim does not have the mental suffering.

At around 23:30 of the same day, the Defendant: (a) taken advantage of the fact that the victim could not resist due to such mental disability, she was frying the chest and sound of the victim, and laid off the body and clothes of the victim out of the soup, and took the victim back, and took the victim back and took the victim back, and had sexual intercourse once with the victim’s sexual organ inserted his sexual organ into the part of the victim.

[Judgment of the court below] The Defendant, who committed a sexual crime against a person with a mental disability as above, is likely to recommit a sexual crime in light of the background of the crime, the environment, character and conduct, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to I and J;

1. A complaint filed in I, police stenographic records about E, and a diagnosis certificate for E;

1. A criminal report (general) and a criminal investigation report (a counter investigation into the original saw center) (the risk of recidivism of sexual crimes and recidivism at the time of sale);

1. The following circumstances acknowledged by the evidence and the written investigation prior to the filing of the claim, namely, ① despite the fact that the Defendant had been punished for a fine of KRW 3 million by indecent act by force by force by force, even though he was fryed on June 6, 2012 prior to the commission of the crime, the Defendant again caused the instant crime, and ② the victim suffering from the uncultural disorder.

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