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(영문) 대구지방법원 서부지원 2019.06.20 2019고합12
성폭력범죄의처벌등에관한특례법위반(장애인강간)등
Text

A defendant shall be punished by imprisonment for six years.

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

Reasons

Punishment of the crime

On September 14, 2016, the Defendant entered into a residential facility, such as a disabled person and a homeless person, and came to know of the victim C(50 years of age) and the victim C(50 years of age) with intellectual disability 3 who had been living in the same source. The victim was unable to express his own truth due to intellectual disability and it is difficult for others to inform of the fact even if the victim suffered damage, by using the aforementioned awareness to the extent that it is difficult for others to know of the fact.

On December 27, 2018, the Defendant discovered the victim who was sitting in the vicinity of the rest room located in Daegu-gun D, and had the victim sexual intercourse with the victim, and led the victim at the resistance to the front door of the female toilet near the place where he wanted to do so, led the victim at the resistance to the front door of the female toilet near the place where he wanted to do so, led the victim at the resistance to the front door of the victim, forced the victim's will and panty, forced off the victim's face, breast, spanty, so that he could not resist the victim's sexual organ, and inserted the victim's sexual organ into the front part of the victim.

Accordingly, the defendant raped the victim with mental disability.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of E, F and G;

1. stenographic records of statements made to victims;

1. Reports on internal investigation (Attachment of a photograph of the victim C), investigation reports (verification of the credibility of the statement by the counter party of the statement analysis expert), investigation reports (related to the counter interview of the victim and the re-verification of suspect pictures), investigation reports (Attachment of a photograph of the victim's body), investigation reports (Attachment of a statement analysis opinion of the disabled); and investigation reports (Attachment

1. Application of Acts and subordinate statutes to statements, analysis opinions of persons with disabilities and intermediary reports;

1. Relevant legal provisions concerning facts constituting an offense, Article 6 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 297 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Special cases concerning the punishment, etc. of sexual assault crimes committed to order;

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