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(영문) 부산지방법원 2020.04.10 2020고합64
성폭력범죄의처벌등에관한특례법위반(장애인강간)
Text

1. The defendant shall be punished by imprisonment for five years;

2. It shall disclose and notify the information on the Defendant for seven years.

3...

Reasons

Criminal facts

On June 12, 2009, a defendant and a person to whom an attachment order was requested (hereinafter referred to as "defendant") are subject to imprisonment with prison labor for five years and three years for a violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (Rape, etc. under thirteen years of age) in the Busan District Court’s East Branch Branch, and on October 7, 2016, sentenced to three years and five years for an attempted rape in the Busan District Court. On March 29, 2019, a person subject to an attachment order of an electronic tracking device is a person subject to attachment at the Busan District Court’s Busan District Court upon completion of the execution of the above sentence on March 29, 2019.

【Criminal Facts】

At around 12:00 on February 1, 2020, the Defendant reported the victim D (such as 63 years old, intellectual disability, and disabled person with severe disability) before the Cju's stores located in Busan Dong-gu, Busan, and moved together with the victim after drinking alcohol at the Defendant's home. At around 12:50, the Defendant went to the victim who would no longer get the victim to go in front of the F Hospital located in Dong-gu E.

In addition, the defendant, as long as he was unable to open and resist the victim's inside the floor, was exempted from the victim's panty and panty, and was sexual intercourse by inserting his sexual organ into the sound part of the victim's body.

Accordingly, the defendant raped the victim with mental disability.

[Fact that is the cause of filing an application for an attachment order] The Defendant is highly likely to recommit sexual assault crimes in consideration of the fact that the Defendant committed the crime against the disabled, who is the socially weak, even though he/she had the record of sexual assault crimes two times, during the period of attachment of

Summary of Evidence

1. Defendant's legal statement;

1. A G statement;

1. Records of seizure and the list of seizure;

1. A report on investigation (related to the degree of disability of the victim), a written reply (in response to the request for appraisal), - an appraisal;

1. Investigation Report (Investigation of On-the-spot Situation, etc.) and Investigation Report D.

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