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(영문) 의정부지방법원 2013.06.21 2013고합113
성폭력범죄의처벌및피해자보호등에관한법률위반(장애인에대한준강간등)등
Text

A defendant shall be punished by imprisonment for four years.

The defendant's disclosure of information about the defendant is made through an information and communications network for five years.

Reasons

Criminal facts

and the facts constituting the cause of the attachment order [criminal facts]

1. Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (rape-rape, etc. against disabled persons);

A. On March 10, 2008, from around 12:00 to 15:00 on March 10, 2008, the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) came to know that the victim E (the age 31) was in a state of resistance even if the victim’s intellectual ability is considerably separated and sexual assault is not possible even if the victim’s sexual assault was committed, the victim was placed out of the victim’s will and panty in order to engage in sexual intercourse by moving the said vehicle to the adjacent to the dials, and the victim’s body and her clothes were not in a bad malodor relationship with the body of the victim.

In this regard, the defendant did not intend to have sexual intercourse with the victim by taking advantage of the victim's state of impossibility to resist due to mental disability.

B. The defendant around 13:00 on March 25, 2008.

The driver tried to assault the victim by driving the vehicle at the place specified in the port, and found the victim again, and the victim moved the vehicle to a closeway to the dial, and then panty off the victim's will and panty in the back to the back of the vehicle, and added the victim's sexual organ to the sound of the victim.

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

2. The Defendant causing rape, at around 14:00 on January 22, 2013, committed rape with the victim G (the 54 years old) who found a place in order to request the Defendant to find employment at one’s residence located on the second floor of the building F in Gyeonggi-si, Gyeonggi-do, to commit rape, and by causing the Defendant to commit rape while talking with the Defendant.

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