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(영문) 인천지방법원 2016.06.24 2015고합702
성폭력범죄의처벌등에관한특례법위반(장애인준강간)
Text

A defendant shall be punished by imprisonment for five years.

To order the accused to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

When the Defendant was the husband of the victim E (math, 50 years old, intellectual disability 2 level), who was the husband of the victim E and the husband of the workplace, and became aware of the victim’s intellectual disability while frequenting the victim, the Defendant committed the following crimes with intent to have sexual intercourse with the victim.

1. On October 2012, the Defendant found the victim’s house located in Gyeyang-gu Incheon in Gyeyang-gu, and entered the house, and, at the inside of the place, had sexual intercourse with the victim by putting off the victim’s will at one time and inserting his sexual organ into the sexual flag of the victimized person.

2. After having sexual intercourse with the victim as mentioned in the above paragraph 1, the defendant added the victim's bags and handphones to the victim's bags and handphones and went out of the house. As such, the victim followed, entered the defendant's trade name near the calculation market in Gyeyang Incheon Gyeyang-gu, followed by the victim, and entered the victim's sexual organ as soon as possible, as soon as the victim's sexual organ was boomed by inserting his sexual organ into the victim's sexual organ into the victim's sexual organ, and sexual intercourse was committed by inserting it into the victim's sexual organ into the victim's sexual organ.

3. Around October 2014, the Defendant found the said victim’s house, and had sexual intercourse by opening a door and putting the victim’s clothes into the house using the key of the victim’s house which was reproduced in advance, cutting off the victim’s clothes, cutting off the chest and buckbucks, bucking down the chest and bucks, and inserting his sexual organ into the sexual organ of the victim.

As a result, the defendant has sexual intercourse with the victim over three times by taking advantage of the victim's in a situation where it is difficult to resist due to mental disability.

Summary of Evidence

1. Statement in part of the first trial record by the defendant (a statement to the effect that there is a fact that he has a sexual relationship with a victim at each date and at each place stated in the facts charged);

1. Legal statement of E;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with respect to F;

1. Video recorded CDs and stenographic records of E;

1. The CCTV photographs at the victim's residence;

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