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(영문) 대전지방법원 서산지원 2016.07.21 2016고합27
성폭력범죄의처벌등에관한특례법위반(장애인강간)
Text

A defendant shall be punished by imprisonment for five years.

The information on the accused shall be disclosed and notified for a period of three years.

Reasons

Punishment of the crime

Defendant

In addition, the person against whom a request to attach an attachment order was made (hereinafter referred to as the "defendant") finds that the victim C (nive, 92 years old) with a mental disorder (class 2) around 2009 is aware of the victim's face from the first day of high school, and the victim (nive, 23 years old) in E located in Thai-gun D on April 2015, the victim (nive, 23 years old) works as an employee, and around that time, the victim visited several times at the above restaurant to look back to the victim.

On May 2015, 2015, the first police officer 20:00, after drinking alcohol in the mutual influorite D located in Yannam-gun, Taenam-gun, I tried to rape the victim by using the fact that the victim is a intellectual disabled person.

At around 21:00 on the same day, the defendant found the victim's house located in F of the same military F, and moved the victim out of the house to a common cemetery near the house, and then the victim "I want to break, break, and one time."

The term "Ibaman." The victim's chest and fluor were only the victim's chest and fluor.

The defendant is the victim's refusal to do.

Although both hands and the part of the defendant's ship was pushed and resisted, the victim was boomed into the floor, boomed the victim's body, and boomed the victim's resistance, and boomed the victim's fingers into the inner part, and boomed the victim's chests, and boomed the victim's her fingers and her clothes, and forced sexual intercourse with the victim's booms and clothes.

Accordingly, the defendant raped the victim with a mental disability.

In light of the background of the crime and the character and conduct of the defendant, such as the fact that the defendant committed a sexual assault against a victim with mental disorder as above, the defendant is likely to recommit a specific sexual crime as prescribed by the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, Etc. (hereinafter “Electronic Devices Attachment Act”).

(i) the evidence;

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