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(영문) 춘천지방법원 2016.05.10 2016고합2
성폭력범죄의처벌등에관한특례법위반(장애인준강간)
Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

Defendant

In addition, the person who requested the attachment order (hereinafter referred to as the "defendant") was aware of the lack of intellectual ability of the victim D(the age of 21) with the third disability and intellectual disability, which was known in the event of the disabled person, and the victim D(the age of 21) with a disability equivalent to that of the third disability at the time of the event of the disabled person, and was willing to have sexual intercourse by inducing the victim to use it.

1. On July 1, 2015, the Defendant exceeded the clothes of the Defendant, i.e., 09:00, from the Defendant’s house located in the 2nd E apartment of 09:0, 908, to the Defendant’s house and then viewed TV in the dwelling space.

"A cleaning agent", she is off the victim's clothes, she was laid off with the victim's clothes, she was seated with the victim in a toilet, and kid, was fasted of the victim's chest, she was in a cleaning room, and she was in sexual intercourse once with the victim on the part of the room.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's in a state of difficulty to resist due to mental disability.

2. On July 9, 2015, the Defendant wishes to read TV at the dwelling space of the Defendant as described in the foregoing paragraph 1 at around 13:20 on July 9, 2015.

After making a statement, “A cleaning agent,” was off all the clothes of the victim, was taken in the toilet, and the victim was sexual intercourse with the victim on a one-time basis.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's in a state of difficulty to resist due to mental disability.

Summary of Evidence

1. Each legal statement of the witness D, F, G, H, and I;

1. A protocol concerning the examination of partially the police officers of the accused;

1. The statement of D contained in the damaged video CDs;

1. Records of statements made for damage;

1. A report on investigation (Attachment of on-site photographs);

1. A written opinion of an expert on sexual assault against the disabled women, a written opinion of intention, and a report on psychological assessment;

1. Application of the detailed statement of currency Acts and subordinate statutes;

1. Article 6 (4) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 6 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 297 of the Criminal Act, and selection of imprisonment with prison labor for each abandonment

1. The former part of Article 37 of the Criminal Code, and Article 38.

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