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(영문) 전주지방법원 2019.06.19 2019고합62
성폭력범죄의처벌등에관한특례법위반(장애인강간)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The Defendant was a person who resides in Dongdaemun-gu Seoul Special Metropolitan City (Intelligent 69, Social Index 58) and was a victim C(Intelligent 69, Social Index 58) with intellectual disability 3(Intelligent 69, Social Index 58). The Defendant was aware that he was a person who resides in the aforesaid Bara, and the Defendant was a victim who resides in the same Bara with mental disability.

At around 18:00 on December 26, 2018, the Defendant found the victim’s residence, and said, “I am from the victim’s “I ambed? I ambly, I am. I am.” On the same day, at around 18:30 on the same day, the victim sought the victim’s residence as the Defendant’s dwelling under the same Bab B, and had the victim sit on it.

The defendant continued to sit side of the victim who sits in the bend, and kids the face of the victim into the bend hand, and the victim took the chest of the victim into the bend hand, and the victim took the body of the victim, and expressed his intention of refusal, but puts the victim's body into the bend, putting the victim's body into the bend, and puts the victim's body into the bend, and tried to get off the victim's bed for the purpose of sexual intercourse. However, the victim tried to put the victim's body into the bed with the body of the victim, and put the victim's body into the bed for the purpose of sexual intercourse. However, the defendant, who was sealed the defendant's chest into the two hands, tried to cut off the victim's body, imprising the victim's body by pressing it into the victim's body, and imprising it into the victim's body, but tried to put the victim's body into the breath," and did not see it into the breath.

Accordingly, the defendant tried to have sexual intercourse with the victim with mental disability.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Each investigation report (related to victim's welfare cards attached, and a suspect's response to a request for appraisal made by the Gu River Art);

1. The victims of each report on internal accidents.

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