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(영문) 대전지방법원 천안지원 2013.09.11 2013고합128
성폭력범죄의처벌등에관한특례법위반(장애인준강간등)등
Text

A defendant shall be punished by imprisonment with prison labor for twelve years.

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

Reasons

Punishment of the crime

The defendant C, a kys of the defendant living together at the defendant's home, did not have a normal accident due to mental disorders 2 and did not understand the meaning of sexual behavior sufficiently, in order to have sexual intercourse with the victim.

1. On January 1, 2007, the Defendant, at the office of the Defendant located in Asan City, around 01:00, had sexual intercourse with the victim C (in women, 14 years old) who was in other rooms together with the Defendant’s mother E, her own room, exceeded the victim’s clothes, and inserted the victim’s sexual organ into the victim’s sound part, thereby putting the victim’s sexual organ into the victim’s sound part.

In such a manner, the Defendant, from November 1, 2007 to November 01, 2007, had sexual intercourse with a victim of kinship who has been unable to resist due to mental disability over 11 times in total, as shown in the List of Offenses (1).

2. At around 02:00 on February 02, 2012, the Defendant: (a) exceeded the clothes of the Defendant’s mother E and the victim; and (b) inserted the Defendant’s sexual organ into the part of the victim’s sound, thereby having sexual intercourse with the victim of a relationship of kinship in which the Defendant’s sexual organ is unable to resist due to mental disorder.

In such a manner, the Defendant, from January 02:00 to January 02:0, 2013, had sexual intercourse with a victim of kinship who has been unable to resist due to mental disability over 12 times in total, as indicated in the List of Crimes (2). On February 02:0, 2013, the Defendant attempted to have sexual intercourse with the victim by the same method, but did not have been committed due to the occurrence of such sexual intercourse.

The defendant is found to have committed a sexual crime on at least two occasions as stated in the facts constituting the crime in the judgment, and has committed a sexual crime against a person with a mental disability, and is likely to recommit a sexual crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer against F, G, H, I, J, and K.

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