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(영문) 전주지방법원 군산지원 2014.02.07 2013고합155
성폭력범죄의처벌등에관한특례법위반(장애인강간)
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A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around November 13:30 on November 6, 2013, the Defendant: (a) was a person operating a D business in the Gunsan-si; (b) lost the paths for the victim E (the victim E (the victim, 21 years of age, language I Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q 88, 50 years of age, social age 7 years of age) who was suffering from intellectual disorder; and (c) caused the defect to have sexual intercourse with the victim, knowing that there was a mental disorder.

The Defendant, at the above place of business, allowed the victim to sit in by giving him/her a part of his/her house and his/her guardian's phone number, and the victim would find his/her house because he/she could not memory his/her house address and guardian's phone number, and returned to the Gunsan-si's members on the top of Fpool, who was on board the Fpool, and the victim got her locker to go to the Helel 205 at around 15:0 on the same day.

In addition, the defendant, using the fact that the victim is unable to memory his home address, leaving out of the room or lose the way, she left the room and went back to the above telecom.

At around 16:50 on November 6, 2013, the Defendant: (a) moved a victim who sits in a bed room in the bed room; (b) putting the victim’s chest into the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the victim; and (c)

Accordingly, the defendant has sexual intercourse with a person with a mental disability by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E and I;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 6 (5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Article 53 of the Criminal Act for discretionary mitigation.

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