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(영문) 서울남부지방법원 2012.10.30 2012고합247
성폭력범죄의처벌등에관한특례법위반(장애인에대한준강간등)
Text

A defendant shall be punished by imprisonment for five years.

The information on the accused shall be disclosed through an information and communications network for 10 years.

Reasons

Punishment of the crime

When the defendant goes ahead of the defendant's house every day in order for the victim C (nive, 27 years old, and 1 grade with mental retardation disorder) to go with the disabled's workplace, the defendant knew that he is a mentally handicapped person of mental retardation who lacks the ability to discern things and to express his will, and helps the victim to take up a 50 foot crypto, which he saw in front of the house and clean up the house by using it, and let the victim flick the face with his house, and let the victim do rape.

1. Around 08:00 on January 11, 2012, the Defendant committed an indecent act against the victim by taking advantage of the victim’s mental disability such as taking the victim’s chest at the house of the Defendant in Guro-gu Seoul, Guro-gu and fourth floors, taking the victim’s chest from the inside and outside of the house, taking the victim’s chest at his/her chest, taking the female’s chest, and taking the female’s part, and taking the female’s part.

2. On February 1, 2012, the Defendant: (a) left the victim at work at around 08:00 on February 1, 2012, the Defendant called the Defendant’s house to enter the Defendant’s house; (b) on the same day, at around 17:30 on the same day, the Defendant took the victim’s house from the Defendant’s house, taken the victim’s house on the floor inside the house, taken off the victim’s clothes on the floor on one occasion; and (c) sexual intercourse with the victim at one time,

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Each request for appraisal;

1. Statement-recording CDs;

1. Application of Acts and subordinate statutes to resident registration certificates and welfare cards;

1. Article 6 (4) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act, Article 6 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 29 of the Criminal Act on the crime;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [the provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the provisions concerning quasi-rape, etc. against the disabled persons] shall be applicable;

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