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(영문) 전주지방법원 2018.10.05 2017고합268
성폭력범죄의처벌등에관한특례법위반(장애인준강간)
Text

A defendant shall be punished by imprisonment for six years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant is a great father of the victim C (V, 13 years old, intellectual disability 2 level).

On March 2017, the defendant was able to look at the victim's chest and the part of the victim's chest and the part of the victim who was divingd in the second floor of the gas station E at the time of Kim Jong-si, the day of March 2017, and the victim was kidd from diving to the third floor rooftop through outside stairs of the building.

On the rooftop, the Defendant exceeded the clothes of the victim, laid them on the floor, laid them on the floor, laid down by hand the victim's chest and sound, and put them into the part of the victim's chest and sound.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's intellectual disability that it is difficult to resist or resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. The statements made by each victim C in the victim's statement, the video CD or the video recording and analysis CDs;

1. Each internal investigation report (in cases of attaching a copy of counseling log for special teachers, attaching medical records to women in childbirth and medical records, verifying the address at the scene of crime, identifying the suspect, verification at the scene of crime, etc.);

1. Each investigation report (the victim was in office);

H. Special anti-school teachers' currency and victim's statement analysis expert opinion attached

1. A summary of counseling cases for victimized children;

1. A certificate and a certificate of disability of a victim;

1. Medical certificates (C), medical records (C);

1. Notification of the results of the statement analysis by the Supreme Prosecutors' Office, and application of Acts and subordinate statutes governing the victim;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The main sentence of Article 21 (2) of the Act on the Protection of Children against Sexual Abuse;

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 16, 2018), the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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