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(영문) 의정부지방법원 2015.04.16 2014고합468
성폭력범죄의처벌등에관한특례법위반(장애인강간)
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A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at around September 17:10, 2014, tried to rape the victim by putting the victim’s chest, who was judged as having a 4th degree speech disorder in front of the greenhouse located in the area of the YYYY, the Defendant: (a) deemed the disabled victim C (here 31 years old), who was judged as having a marc disorder in front of the greenhouse located in the area of the YYYYA; (b) was able to rape the victim; (c) had the victim scam inside the vinyl; (d) had the victim refused it; (d) had the victim scamed into the said vinyl; (e) had the victim scam into the said vinyl; and (e) had the victim scambling into the said vinyl; and (e) had the victim scam, scambed into the lower part of the victim; (e) had the victim scambling the victim’s finger, scam the victim’s father inside the vinyl.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. On-site photographs;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Articles 15 and 6 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 297 of the Criminal Act concerning the crime;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend a lecture;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; and Article 50(1) proviso of the Act on the crime committed in the course of the crime, and it is difficult to readily conclude that the Defendant has a risk

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