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(영문) 광주지방법원 2015.01.23 2014고합440
성폭력범죄의처벌등에관한특례법위반(장애인강간)등
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. The Defendant and the person to whom the attachment order was requested (hereinafter referred to as the “Defendant”) sent the victim E (hereinafter referred to as the “victim”) at the home of the victim E (hereinafter referred to as the “victim”) located in B/A in B/L on 2013, moving the victim into the toilet in which the victim is math, pande, pande, and pande the victim’s panty, attached the wall, and brought the victim’s chest back to the lower part of the clothes, and brought the victim’s chest back to the lower part, thereby committing an indecent act once by taking advantage of the victim’s difficulty in resisting the dam due to mental disability.

2. On July 23, 2014, the Defendant had sexual intercourse with the victim on one occasion on the part of the victim, using the victim’s sexual organ inserted his or her sexual organ on the part of the victim into the victim’s drinking room in a state of difficulty in resistance due to mental disability by inserting the victim’s sexual organ on one occasion.

Summary of Evidence

[Fact 1]

1. Any statement made by the defendant in a part appropriate for such statement in this Act;

1. The victim’s statements made by the witness E, F, and G are somewhat unclear about the time when the crime was committed due to intellectual disability. However, the victim’s statements made by the Defendant on the facts that the Defendant committed an indecent act against the victim in the toilet are relatively consistent and specific. The victim stated that G and his mother, prior to the instant crime, the Defendant attempted to protect the victim whenever the Defendant was in the victim’s house. The victim’s statement is deemed to have been injected or educated by his guardian, investigative agency, etc., by deeming that the victim’s statement was the first speech of the instant crime in the F’s drinking, and thus, it is difficult to view that the victim’s statement was injected or educated by his guardian, investigative agency, etc., and the Defendant took alcohol at the victim’s house and then taken the victim’s toilet.

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