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(영문) 대구지방법원 서부지원 2015.04.23 2014고합224
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

A victim C(n, 49 years of age) is a intellectual disability Grade 3, and is a person with a disability who is not clear that there is a verbal disability and who is not easy to communicate with people.

While the Defendant did not have a sexual intercourse with the denial because he did not have a sexual intercourse, the Defendant had a mind to have sexual intercourse with the disabled who had a sexual intercourse with the Defendant, and had a sexual intercourse with the Defendant, in order to confirm whether it is possible to have a sexual intercourse with the latter and to confirm whether it is possible to have a sexual intercourse with the latter.

On August 9, 2014, at around 22:00, the Defendant opened a door-to-door, which was not corrected at the victim's house located in the elderly group D, and intruded into the victim's residence, and subsequently, Da Da Da Da Da Da Da Da Da Da Da Da n who is seen as TV at the place where the measure was taken. The victim rejected the victim's refusal to do so, and the victim was forced to be off from the victim's body and panty, and tried to have sexual intercourse after suppressing the victim's resistance against the victim's body, but was attempted to have sexual intercourse. However, it was not achieved due to the occurrence of the accident.

As a result, the Defendant attempted to rape the victim, who is a disabled person, by intrusion upon the victim's residence, but did not bring about such intent, but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared by C;

1. A report on internal investigation (to attach a video recording or a video recording record to victims C), a record of recording;

1. Each investigation report (or photographs at the scene of damage, opinions of experts in sexual assault cases against persons with disabilities), photographs, and opinions of experts in sexual assault cases against persons with disabilities;

1. Application of statutes governing certificates of persons with disabilities;

1. Articles 15 and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Articles 319 (1) and 297 of the Criminal Act, Articles 15 and 6 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 297 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes shall be more severe.

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