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(영문) 춘천지방법원 2018.04.13 2017고합119
성폭력범죄의처벌등에관한특례법위반(장애인준강간)
Text

The punishment of the accused shall be seven years of imprisonment.

The defendant shall complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The Defendant was in the middle of Intelligent Index (FSI Q) 47, with intellectual disability of the degree of 9 years of age in the society, residing in the same Dong Dong Dong Dongdong as the victim B (V, 35 years of age), and the two were the mother’s main line on June 2017.

On June 14, 2017, the Defendant contacted the victim under the influence of drinking alcohol to contact the victim, cut the victim out of the house, and went back to the DNA telecom in Chuncheon City.

On June 14, 2017, the Defendant: (a) around 22:34, 2017, lying the victim into a bed, lying the victim into a bed; (b) prevents the victim from standing in both arms; and (c) speaks that the victim would not have his chested.

In spite of resistance, the victim was exempted from all clothes of the victim and had sexual intercourse once with the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the fact that it is difficult to resist or resist due to mental disability.

Summary of Evidence

1. Partial statement of the defendant;

1. stenographic records of the victim's statement or video CDs recorded by the victim;

1. A medical opinion, and a copy of a medical record;

1. Application of statutes on welfare cards for victims with disabilities;

1. Article 6 (4) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes, and Article 297 of the Criminal Act concerning the crime;

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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (applicable to the defendant who had no record of criminal punishment for sexual crimes previously committed and thus, has a risk of recidivism or recidivism of sexual crimes against him/her;

It is difficult to conclude that the order of disclosure or notification is relatively less than the disadvantages and expected side effects that a defendant may suffer, and the effects of the prevention of sexual crimes, etc. may be achieved by such order are relatively low.

I seem to appear.

In full view of these circumstances, personal information is personal.

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