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(영문) 광주지방법원 목포지원 2017.04.13 2017고합5
성폭력범죄의처벌등에관한특례법위반(장애인준강간)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. On October 25, 2016, the Defendant had sexual intercourse with a female on October 25, 2016, taking advantage of the fact that the victim D (n, 38 years old) was married with a victim of intellectual disability 1 and that the female has weak ability to discern things and make decisions as a intellectual disabled person, at around 18:00 on October 25, 2016.

The Defendant, while stating that “Ilves once,” she was the victim, she took the victim’s hand, she knee and panty, knee and panty, expected the victim to do so, and attempted to engage in sexual intercourse with the victim by inserting the victim’s sexual organ into the part of the victim, but did not put the Defendant’s sexual organ into the part of the victim, but did not put into the wind that does not occur.

In this regard, the defendant did not intend to have sexual intercourse with the victim by taking advantage of the state of impossibility of resistance due to mental disability, but did not commit such intent.

2. On November 4, 2016, the Defendant committed the crime at around 18:00 on November 4, 2016, 2016: (a) entered the victim’s home, into the victim’s room; (b) called “one-time defect”; and (c) placed panty on the victim’s back to knee, knee, and tried to engage in sexual intercourse with other Defendant’s sexual organ on the victim’s back to be inserted into the victim’s sound book; (d) but did not put the victim’s sexual organ into the victim’s sound book.

In this regard, the defendant did not intend to have sexual intercourse with the victim by taking advantage of the state of impossibility of resistance due to mental disability, but did not commit such intent.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A transcript of the statements or records of the victim's statements recorded in the statement recorded CDs;

1. Medical certificates and records of medical treatment for victims of sexual assault;

1. A copy of a welfare card, each disabled person's certificate, and a disability diagnosis certificate;

1. Application of statutes on the site photographs of the case

1. The relevant provisions of the Act and the punishment, etc. of sexual crimes selected in relation to the crimes;

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