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(영문) 대전지방법원 2017.06.12 2017고합12
성폭력범죄의처벌등에관한특례법위반(장애인준강간)
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

(e).

Reasons

Punishment of the crime

Victims C (n, 15 years of age, al.) are persons with disabilities of Grade III intellectual disability.

On April 2015, the Defendant came to know of the victim while holding a smart phone "D" with the victim through a smartphone app, and was given and received with telephone conversations, text message, and E message, and became familiar with the victim.

On May 10, 2015, the Defendant: (a) had a mind to have sexual intercourse with the victim using the victim’s intellectual disability; (b) had the victim contact with the victim via E message; and (c) had the victim look before G toilets located in the Northwest-gu, west-gu, west-gu, west-gu, west-gu on May 10, 2015, left the victim using female toilets; and (d) had the victim sited on the front side of the front side and opened up the victim, inserted the Defendant’s sexual organ into the part of the victim’s sound; and (d) had the victim shot down to the right angle, inserted the victim’s sexual organ into the part of the victim’s sound.

As a result, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental disability that he has difficulty in resisting or resisting.

The prosecutor's facts constituting the crime in the judgment are the primary facts charged, and the defendant, who is 19 years of age or older, has sexual intercourse with the victim under the Welfare of Persons with Disabilities Act, and has sexual intercourse with the victim, who is a juvenile with children who lacks the ability to discern things or make decisions due to mental disability.

As stated in the reasoning of the judgment below, the court below did not err by misapprehending the legal principles on the amendment of a bill of indictment on June 12, 2017, and did not err by exceeding the bounds of the principle of free evaluation of evidence.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements concerning the police of the accused, and the suspect examination protocol of the prosecution;

1. Each testimony of witness C and H;

1. C’s statements and stenographic records recorded in each video CD;

1. The scene of the case, the photograph of the defendant, the video CD in which the victim instructs the defendant's house, and sexual violence against each child.

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