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(영문) 전주지방법원 2016.07.21 2015고합202
성폭력범죄의처벌등에관한특례법위반(강간등상해)
Text

A defendant shall be punished by imprisonment for seven years.

The defendant's information on the defendant shall be disclosed through an information and communications network for a period of five years.

Reasons

Criminal facts

The defendant is a intellectual disabled person with intellectual disability 2 level and intelligence index 41.

On December 17, 2015, from around 23:00 to around 02:50 the following day, the Defendant opened a gate in front of the house of the victim D (n, 78 years of age) located in North-gun C, and intruded into the house, and prevented the victim from leaving the house for himself/herself at the inside of the inside of the house, thereby preventing the victim from suffering his/her finger by putting his/her finger on the part of the victim, leaving the part of the victim's body, leaving the victim's hand into the part of the body, leaving the victim's hand in order to resist and resist the victim's body, and putting the victim's neck into the part of the victim's body, "When she is forced to die without sound or speaking, she shall leave the victim's face, she shall be forced to immediately leave the victim's face, and then she shall be forced to leave the victim's face, and the victim's face shall be added to his/her own wall, and the victim's face shall be her face without delay.

As a result, the Defendant raped the victim under the lack of ability to discern things or make decisions due to intellectual disability, and thereby, inflicted bodily injury on the victim, such as a telecommunication, a telecommunication, and a blood transfusion, which requires treatment for about 21 days.

[Facts of the cause of medical care and custody] A person who has already been punished as a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a indecent act committed by a minor under the age of 13) but has committed the sexual crime of this case, which falls under imprisonment without prison labor or heavier punishment under the lack of the ability to discern things due to intellectual disability, and thereby has committed it in the future to treat mental disorders and prevent recidivism.

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