(영문) 전주지방법원 정읍지원 2016.04.06 2015고합68

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 정읍지원 2016.04.06 2015고합68

성폭력범죄의처벌등에관한특례법위반(장애인준강간)등

Text

A defendant shall be punished by imprisonment for four years.

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The Defendant is a member of the D church and D Dogwon (hereinafter referred to as “Dogwon”) in Go Chang-gun C, and the victim E (hereinafter referred to as “victim E”) was a person with mental disorder 2 and was living in the above Dogwon for a long time in the above Dogwon, so it was well aware that the victim lacks the ability to discern things due to mental disorder, and that the other party’s unfair instruction cannot be easily refused due to the lack of judgment and problem resolution ability.

1. From January to February 2, 2014 to February 21, 2014, the Defendant placed the victim’s grandchildren in the room of the victim in the above Dogwon from around 20:00 to around 21:30, by forcing the victim to put the victim’s grandchildren in the room.

Accordingly, the defendant detained the victim.

2. On May 14, 2015, the Defendant violated the Act on the Punishment, etc. of Sexual Crimes (rape-rape of Persons with Disabilities) committed sexual intercourse by inserting a sexual organ into the victim’s sound book, knee and kneeing the victim’s side, following the Defendant who reported TV, resulting in the victim’s instant desire to sexual intercourse.

Accordingly, the defendant has sexual intercourse with a victim who has difficulty in resisting due to mental disorders.

3. On June 16, 2015, the Defendant violated the Act on the Punishment, etc. of Sexual Crimes (indecent act compelling the victim to be disabled) committed the act as described in the above paragraph (2) at the beginning of 16:00, in order to verify whether the victim was pregnant due to the same act as described in the above paragraph (2), the victimized person was moving the damaged person into a warehouse in the workplace, placed the damaged person on the floor, placed the pande on the floor, and spande the victim’s negative quality at the flude of the mobile phone that was held

Accordingly, the defendant committed indecent acts against the victim who is difficult to resist due to mental disorders.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Stenographic records;

1. A certificate of persons with disabilities and a certificate of disability;

1. Welfare cards;

1. Application of the Acts and subordinate statutes of the statement and analysis written opinion of sexual assault against the disabled.

유사 판례

-수원지방법원 여주지원 2014.10.23 2014고합74

-광주지방법원 목포지원 2018.04.26 2017고합127

-대전지방법원 천안지원 2015.06.24 2014고합196

-춘천지방법원 강릉지원 2017.04.20 2016고합94

-전주지방법원 2017.12.18 2017고합185