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(영문) 서울중앙지방법원 2013.05.06 2012고합1547
성폭력범죄의처벌등에관한특례법위반(장애인강간)등
Text

A defendant shall be punished by imprisonment for seven years.

The defendant's disclosure of information to the public through an information and communications network for eight years.

Reasons

Criminal facts

On March 24, 200, the defendant and the respondent for an attachment order (hereinafter referred to as the "defendant") were sentenced to five years of imprisonment with prison labor in Seoul Southern Prison on the grounds of the violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims, etc. (Rape, etc. in relation to relatives) and were released on April 30, 2004 and passed on June 9, 2004 during the execution of the sentence.

(hereinafter referred to as "previous case"). [Criminal Facts] The defendant is the father of the victim D (Inn, 31 years of age) with mental disorder 3.

The defendant from June 9, 2012 to the same year.

7. From the time of November, 17, the Defendant’s wife F in his house in Dobong-gu Seoul E-Ba by taking advantage of the gaps in which the Defendant’s wife F in his house did not hold his house to suppress the victim’s face, etc., and he was off the victim’s clothes, and was sexual intercourse with the victim once, and raped the victim who is a relative or a mental disability.

[Judgment of the court below] The Defendant was sentenced to imprisonment with prison labor for a sexual crime as above and committed a sexual crime within ten years after the completion of the execution of the sentence, and the Defendant committed a sexual crime on two or more occasions, thereby constituting a sexual crime, and is likely to recommit a sexual crime.

Summary of Evidence

1. Each legal statement of witness D;

1. Statements of witnesses G and H in the fourth protocol of the trial (Provided, That each part of the testimony having no admissibility as hearsay evidence shall be excluded);

1. Statement made by a witness I in the fifth protocol of the trial (Provided, That this shall not apply to the statement made by a witness who has no admissibility as evidence);

1. The statements of D contained in the victim's statement video CDs or the statements of D contained in the telephone conversations;

1. A copy of medical records, a family relation certificate, etc., an individual counseling record book, and a day-book;

1. Previous convictions as indicated in the judgment: Criminal records, etc. inquiry report (A), investigation report (Attachment to the judgment of the same case), investigation report (report on the date of completion of the sentence), and each of the above evidences and F.

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