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(영문) 춘천지방법원 원주지원 2015.12.24 2015고합69
성폭력범죄의처벌등에관한특례법위반(장애인준강간)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 80 hours.

Reasons

Punishment of the crime

1. On June 10, 2015, the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) considered the victim E (e.g., women, 32 years of age, and 2 level of intellectual disability) at a male toilet located in the “Diplomatic Meeting” located in the original city C between 18:00 to 19:00 on June 10, 2015.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of his physical or mental disability that the victim was unable to resist or has difficulty in resisting.

2. Around 12:00 on August 3, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape of Disabled Persons) made the victim read books at a library located on the first floor of the aforementioned “Diplomatic Association”, and made the victim unfolded with the victim’s will and panty, cut off the Defendant’s panty to the buckbuck and inserted the Defendant’s panty into the victim’s quality.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's physical or mental disability in a state of difficulty or difficulty in resisting.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, G, H and I;

1. A written examination of partial suspect against the accused by the prosecution (second time);

1. Each prosecutor's protocol of statement concerning E and I;

1. The prosecutor's statement concerning the F;

1. Investigation report (the confirmation of a case for damage separate from victims E);

1. The E welfare card, stenographic records of each damaged statement, damaged statement video CD in E;

1. The police statement of the F and the schedule of the church event;

1. A investigation report (to peruse and to close CCTVs), and CCTV-fags in the Diplomatic Association;

1. Investigative report (explacy when the content of damage is extended when recording statements of a victim);

1. An expert opinion on sexual assault against the disabled women;

1. One copy of an investigation report (a statement of intent of a victim, a statement of opinion, and a psychological assessment report), a statement of opinion, and a psychological assessment report, respectively;

1. Application of Acts and subordinate statutes to the judgment (Defendant J);

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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