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(영문) 춘천지방법원 속초지원 2014.09.25 2014고합17
성폭력범죄의처벌등에관한특례법위반(장애인준강간등)
Text

A defendant shall be punished by imprisonment for seven years.

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

Reasons

Punishment of the crime

A victim C (the age of 24) is a person who has been judged as a grade 2 of intellectual disability due to the military force, such as the fact that the intelligence index falls below 45 and the ability to discern things and the reality significantly falls. The victim D (the age of 27) who is the victim C's friendship is 40 and the social age falls under 4-5 and is judged as a Grade 1 of intellectual disability due to military force, such as the fact that the social age falls under the age of 4-5 and the change of ability to distinguish things and reality and the ability to judge.

The Defendant had committed sexual intercourse or indecent act with the victims by taking advantage of the state of impossibility to resist due to such intellectual and mental disability as above.

1. On February 2012, the Defendant got the victim at the victim C’s house located in Yangyang-gun, Yangyang-gun, Namyang-gun, at the latest, from the victim’s house in 2012, “I am in shot, I am at the victim’s house, and am at the victim’s house in order to rape the victim, and continued to leave the victim in the house of the defendant.

Therefore, at the defendant's house located in the F of the above temporary Gangwon Yangyang-gun, the defendant exceeded the victim's will and panty, exceeded the victim's chest, and sexual intercourse with the victim by hand.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental disability to resist.

2. On January 2013, the Defendant: (a) reported the victims at the home of the victim D in the Seochoyang-gun E in the early 2013 o’s name; and (b) committed an indecent act against the victims.

Thus, the defendant was exempted from the victim's panty and panty at the above date, time and place, and the chest and panty of the victim were sent to the victim by hand.

Accordingly, the defendant committed indecent acts against the victim by using the victim's state of difficulty to resist due to mental disability.

Summary of Evidence

1. Each testimony of the witness G, H, I, J, and K;

1. Each statement made with respect to the victim C, D, and L, respectively;

1. Each certificate of the disabled, each family relation certificate, respectively;

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