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(영문) 청주지방법원 제천지원 2018.10.18 2018고합27
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)
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A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On October 2017, the Defendant was aware of the victim C (the age of 56), who was disabled in the third degree of intellectual disability (intelligent index 60, social age 6.25, social maturity index 40, I Q 50-69), around 1, 2017, and was aware of sexual intercourse with the victim C (the age of 56).

1. On January 2018, 2018, the Defendant was guilty of the Defendant’s first order on January 2018, 2018, in the house of the victim in the apartment of 20:00, at around 20:00, off the clothes as soon as possible from the Defendant’s “I am off the Defendant’s house of the victim who was in the apartment of Bacheon-si B.

“The victim was frightened with the victim’s clothes, lying the victim’s clothes on the floor, and putting the victim’s chest on the part of the victim’s feet, and inserting the victim’s chest into the sound part of the victim’s feet.

Accordingly, the defendant has sexual intercourse with the victim who has a mental disability by force.

2. On January 2018, the Defendant, at around 21:00 around the end of January 2018, 2018, exceeded the victim’s clothes as soon as possible, at the place specified in paragraph 1 at around the end of 21:00, and “I am off the victim with the defect of sexual intercourse or sexual intercourse unless I do so.”

“The victim was frightened with the victim’s clothes, lying the victim’s clothes on the floor, and putting the victim’s chest on the part of the victim’s feet, and inserting the victim’s chest into the sound part of the victim’s feet.

Accordingly, the defendant has sexual intercourse with the victim who has a mental disability by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;

1. Partial statement concerning the suspect interrogation protocol of each police officer against the accused;

1. Each police statement made to D or F;

1. A recorded CD or stenographic record against the victim;

1. A certificate of persons with disabilities and a certificate of disability;

1. Expert opinion;

1. Determination as to the defendant and his/her defense counsel's assertion on the investigation report (the date and time of crime)

1. The injured party of the gist of the assertion demanded the Defendant to have sexual intercourse with the Defendant, and the Defendant was the wife of the injured party.

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