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(영문) 대구지방법원 서부지원 2017.01.19 2016고합205
성폭력범죄의처벌등에관한특례법위반(장애인준강간)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

The defendant is a man of the two parts E of the victim C(n, D) and the victim is a disabled person of the second degree of intellectual disability.

1. The Defendant commits an indecent act against the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Fraudulent Means, etc. against Persons with Disabilities) and the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent act, such as deceptive scheme, etc.) committed on or around July 2012 to July 2013 by using a state where the victim cannot make a resistance due to any mental disability, and sending the victim’s mother-child phone to the victim.

In other words, the victim had the victim go to the influence of the Seogu Seo-gu G, Daegu, and later had the victim go to the guest room of the influence in Daegu.

Then, the Defendant exceeded the victim’s clothes, and even though the Defendant saw the victim’s speech that he would not refuse to do so, she laid off the victim’s clothes, she saw the victim’s body into a toilet, taken the victim’s chest into the bend, taken the victim’s chest into the bend, and she took the victim’s chest on the part of the victim, and she took the victim’s fingers several times even though she told the victim “afa”.

As a result, the defendant had sexual intercourse with the victim who has a mental disability with the interests of the juvenile by force.

2. The Defendant, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, committed an indecent act against the victim as stated in paragraph (1) at the time, place, and in paragraph (1), committed an indecent act against the victim, and the victim tried to have sexual intercourse by inserting the Defendant’s sexual organ into the negative part of the victim who locked off his/her clothes, but the victim did not commit an attempted act without having the intent of breaking himself/herself out.

Accordingly, the defendant was trying to have sexual intercourse with the juvenile victim who was temporarily unable to resist by taking advantage of his or her potential condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Recording records of the statement made to C (five times);

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

1. Investigation reports (Attachment of written opinions of experts in sexual assault cases), work cooperation (data on disability ratings);

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