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전주지방법원 2015.07.23 2015고합73
성폭력범죄의처벌등에관한특례법위반(강간등치상)
Text

A defendant shall be punished by imprisonment for eight years.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The Defendant, who resides in the same kind of club, became aware of the fact that the victim C(M, 66 years of age) was a disabled person with a mental retardation disability with the second degree disability and who resides in an independent home house without the surrounding authorization, was able to rape by finding the victim's residence in the victim's residence.

On May 7, 2015, the Defendant broken the double glass door of the living room, which was corrected to the house of the victim in Kim Jong-si, Kim Jong-si, and then broken the victim's house, carried the corrective device, which was locking the hand into the shoulder glass door, separated the inner glass door from the door door by cutting the inner glass door into the floor, and intruded the victim's residence.

The defendant found the above victim who view television at the inside and outside of the victim's house, and found the victim's knife and knife, and found the victim's knife and knife by side by side, the victim who sealed the victim's knife with knife and knife with knife in the wall, and knife the victim's knife with knife with the victim's knife and body, and knife the victim's knife with the victim's knife and knife with the victim's knife., the defendant forced the victim's knife and knife into the part of the victim's body, and knife the victim's knife into the part of the victim's body, and knife the victim's knife.

As a result, the defendant suffered from the victim's heavy heat, diversified ties, etc. that need to be treated for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police against C (Stenographic record);

1. Requests for appraisal;

1. Certificates of medical treatment;

1. Application of Acts and subordinate statutes to photographs of the body part of the victim;

1. Article 8(1) and Article 3(1) of the Act on the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes against the crime, Article 319 of the Criminal Act.