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(영문) 수원지방법원 성남지원 2016.02.15 2015고합159
성폭력범죄의처벌등에관한특례법위반(장애인강간)
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A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The defendant committed the following crimes under the condition that the defendant lacks the ability to discern things or make decisions with disabilities of Grade III with mental disorder:

The defendant had a disability of 9.25 years of age with social maturity in mind to attract victims C (at 16 years of age), to rape, and went together with his birth to the house of the defendant in Gwangju-si.

On May 17, 2013, at around 14:50 on May 17, 2013, the Defendant used the same life of the victim, who was playing together in the house room of the above Defendant, to return to the house, and “it must live together.”

(h) external speech;

“Posting off the clothes of the Defendant, she laid off the victim on the floor of the room, she was forced to leave the victim’s rocks and panty, and tried to commit rape by her hand with the victim’s chests and panty, but she did not commit an attempted crime at the wind of having the victim absconded with the Defendant, and pushed away with the Defendant.

Accordingly, the defendant attempted to rape the victim who is a disabled person.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police for E;

1. Diagnosis certificate and REPRT;

1. Seizure records;

1. A report on investigation (a reply of an expert's opinion);

1. On-site photographs;

1. The point of mental and physical weakness in the judgment: The following circumstances acknowledged by the evidence duly adopted and investigated by the court, namely, ① a mental appraisal document prepared by the appraiser F affiliated with the official care and custody center, revealing symptoms of serious decrease in the role of the Defendant, such as the disability or memory of the accident accompanied by the current damage net.

At the time of the crime of this case, it is judged that the mental and physical weakness affected the ability to distinguish things and make decisions.

“.” The purport is written, and ② The Defendant is two times prior to the instant crime (from June 4, 2008 to January 6, 2009; from November 3, 2012 to February 26, 2013).

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