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(영문) 전주지방법원 2015.03.19 2014고합302
성폭력범죄의처벌등에관한특례법위반(장애인준강간)
Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

The defendant is a deadly disabled person of the victim C (math, 24 years old), and the victim is a disabled person of the level of intellectual disability of the victim 46 and the social index 48.

The defendant had the mind to have sexual intercourse with the victim by using the fact that the victim was disabled and did not properly recognize the meaning of sexual intercourse.

1. On July 16, 2014, between the Defendant and the victim, Kim Jong-si DDa 209, the Defendant: (a) exceeded the victim’s right to resist or resist due to mental disability; and (b) inserted the Defendant’s sexual organ into the victim’s sexual organ one time by inserting the victim’s sexual organ into the victim’s sexual organ.

2. On July 2014, the Defendant, around 21:00 to 23:00, had sexual intercourse once with the victim under paragraph (1) by taking advantage of the fact that the victim was unable to resist or resist due to mental disability, at the home where the victim was living together with the Defendant, who was under subparagraph 209 of the above Kim Jong-si DDa 209.

3. The Defendant, at around 22:00 on September 4, 2014, at the Defendant’s house located in Kim Jong-si 208, took advantage of the Defendant’s locking the Defendant’s diving, having taken advantage of the Defendant’s mental disability, in a situation where the victim was unable to resist or resist, or has difficulty in resisting, due to any mental disability, sexual intercourse once with the victim in the manner as referred to in

Accordingly, the defendant has sexual intercourse three times with the victim by taking advantage of mental disability such as to resist or resist the situation of difficulty.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police statement of the victim C and F;

1. The application of each investigation report (referring to attachment of expert opinions on sexual assault cases against the disabled), each investigation report (related to attachment of expert opinions on sexual assault cases), internal investigation report (related to attachment of written diagnosis of the victim C disability), investigation report (related to attachment of photographs of suspect's residence which is the scene of the crime) and Acts and subordinate statutes;

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

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