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(영문) 수원지방법원 안산지원 2016.08.26 2016고합142
성폭력범죄의처벌등에관한특례법위반(장애인유사성행위)
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A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. On May 12, 2016, the Defendant: (a) around 10:0 on May 12, 2016, the victim D (n, 39 years of age) with intellectual disability C and 101 with the victim D (n, E, 39 years of age); (b) while drinking together with the victim, E, and F, the victim was able to boom the victim with his/her desire and forced him/her to resist; and (c) forced him/her to resist; and (d) laid the Defendant’s finger in his/her sound part of the female.

2. On May 13, 2016, at around 05:20 on May 13, 2016, the Defendant, while drinking alcohol together with E at the same place as the above 1st paragraph, entered the victim’s breath with a large string of the breath, making it impossible for the Defendant to resist by drinking the victim’s breath and panty at two times by drinking the victim’s breath where he was under drinking with E, she exceeded the victim’s breath and panty, and she laid the breath of the f

Accordingly, the Defendant committed similar rapes with a mental disability over twice.

Summary of Evidence

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

1. Each police statement made to D or E;

1. Once a virtual bulletin is made;

1. Application of statutes on field photographs and CCTV editing photographs;

1. Article 6 (2) 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions on criminal facts;

1. Aggravation of concurrent crimes prescribed in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with disabilities prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under paragraph (2) of the said Article which has heavier punishment];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Grounds for sentencing under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes committed by Disclosure of Registered Information and Orders to Notify Information, Article 49(1)2 and Article 50(1)2 of the Act on the Protection of Juveniles from Sexual Abuse;

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to twenty-two years; and

2. Scope of the recommended sentences according to the sentencing criteria;

(a)basic crimes and concurrent crimes:

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