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(영문) 부산지방법원 동부지원 2018.06.26 2018고합13
성폭력범죄의처벌등에관한특례법위반(장애인준강간)
Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

The defendant is a person who collects money from the defendant.

On February 2017, the Defendant came to know of brain salopical disability 2nd and intellectual disability 2nd and 3th, who are disabled persons with symptoms, such as left paralysis, verbal disability, and walking disability, and then did not use one arms and became aware of the physical and mental disability of the victim by doing any abnormal behavior, such as changing money at the home of the defendant or communicating in the neighboring Dracker. On the other hand, the Defendant came to know of the victim's physical and mental disability through dyscopic value or communicating. On the other hand, the victim got back through a few whites or several thousands incopic values, etc., and the victim got back, the victim was able to take advantage of the situation where it is difficult to resist or resist due to the above disability.

From February 2017 to May 2017, the Defendant had sexual intercourse with the victim, who was incapable of judgment due to intellectual disorder in front of the Defendant’s home located in Busan Metropolitan Transportation Daegu E, by inducing the victim to “in his house,” and into his house, raising the victim on the chest who could not resist due to disability, making the breast up the victim’s clothes early, and putting the victim out of the victim’s bridge, and putting the victim’s leg into the part of the victim’s bridge, thereby inserting the victim’s sexual organ into the part of the victim.

Accordingly, the defendant has sexual intercourse with the victim who is a person with a disability of grade 2 or 2 with intellectual disability in a situation where it is difficult to resist or resist due to a physical or mental disability.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police with regard to F;

1. C’s statements and stenographic records recorded in video recording CDs;

1. Each police investigation report (the sequence 1, 15, 17, 19, 21 of the evidence list);

1. Opinions, certificates of release from each admission, the current status of the victim's admission and discharge, certificates of discharge, certificates of medical treatment;

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