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(영문) 창원지방법원 거창지원 2014.03.13 2013고합24
성폭력범죄의처벌등에관한특례법위반(장애인강간)등
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A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

From May 2010 to the victim C (n, 29 years of age) and the victim D (n, 38 years of age) have a mental disability of the third grade of intellectual disability and the third grade of the victim D (n, 38 years of age). The victims are children.

1. On February 14, 2013, the Defendant, who committed the crime against the victim D (or 38 years of age), by threatening the victim’s home located in △△△ City, to “I knife the victim with a knife, knife, and, if reported to the police, I am dead, I am dead, if I am dead, I am dead).” By suppressing the victim’s resistance, I am hnife the victim, and knife the victim’s finger, and knife the victim’s finger in the negative part of the victim.”

As a result, the defendant puts his fingers into the victim's sexual organ with mental disability.

2. 피해자 C(여, 29세)에 대한 범행 피고인은 2013. 3. 10. 20:00경 경남 합천군 F에 있는 수제비 식당 앞 도로에서 피해자가 여관으로 가자는 피고인의 말을 듣지 않는다는 이유로 오른발로 피해자의 왼쪽 정강이 부분을 1회 걷어찼다.

In addition, the Defendant forced the victim to a G G in F 306 room, and forced the victim to go off all the clothes of the victim whose resistance has been detained due to the Defendant’s assault, and sexual intercourse with the victim once.

As a result, the defendant raped the victim with mental disability, and caused the victim to suffer about two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Video recording report (video recording of the victim D), stenographic records (not more than 243 pages of evidence), video CDs (not more than 418 pages of evidence);

1. Application of Acts and subordinate statutes to certificates of persons with disabilities and certificates of injury;

1. Similar acts with respect to persons with disabilities under Article 6 (2) 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply) through which the pertinent provision on criminal facts and the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

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