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(영문) 대전지방법원 2013.12.12 2013고합362 (1)
성폭력범죄의처벌등에관한특례법위반(장애인준강간등)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

In light of the records of this case, there is no obstacle to the defendant's right of defense, and basic facts were appropriately revised and recognized within the same scope.

On August 5, 2013, at the D Park in Seo-gu, Daejeon, around 17:00, the Defendant: (a) had been aware that the victim E (n, 17 years of age) was suffering from mental disorder; (b) had the victim engage in sexual intercourse with the victim; (c) purchased beer 2 disease at the neighboring convenience store; and (d) had the victim sit on the beer in the beer part of the beer part of the beer part of the beer part of the beer part.

In addition, at around 21:00 on the same day, the Defendant took the hands of the victim under the influence of alcohol into the Gsung Party located in Seo-gu, Daejeon, Seo-gu, Daejeon, carried the victim in front of the right door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door, walk up the victim's breast door door door door door door door door by the victim's breast door door door door door door door door, off the victim's panty and panty door door door door door. The Defendant had sexual intercourse by inserting the victim's finger part part by hand and inserting the finger part into the part part of the victim's drinking part.

Accordingly, the defendant has sexual intercourse with the victim who has a mental disability by force.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Statement of E;

1. Application of Acts and subordinate statutes on certificates of disability;

1. Article 6 (5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal 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 21 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where the registration of personal information of this case under Articles 49 and 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive, the defendant shall obtain personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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