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(영문) 광주지방법원 해남지원 2017.02.15 2016고합41
성폭력범죄의처벌등에관한특례법위반(장애인강간)등
Text

A defendant shall be punished by imprisonment for six years.

The defendant's disclosure of information to the public is seven years through an information and communications network.

Reasons

Criminal facts

The Defendant, who is bound by the operation of F in Jindo-gun E, and the victim D (V, 49 years of age) was disabled by the physically handicapped class 1 with which it is impossible to move the bridge at all due to the paralysis of the lower half of the year. On April 29, 2016, around C and G around 2016, the Defendant left F to treat his bridge and stayed until May 25, 2016.

1. The Defendant, at around April 29, 2016, wanted to repair the victim’s bridge that “at the lower half of the bridge” to the victim.

일단 내가 손으로 몇 번만 만져도 확연히 효과가 있고, 한 달 안에 100% 걷거나 뛸 수 있다.

In order to treat such a bridge, it was false to say that the Do system should be avoided.

However, the fact is only a plan to obtain money from the injured party under the pretext of the sundo, and there is no ability to treat the bridge of the injured party.

Defendant deceptioned the victim as above, and acquired money from the victim to the post office account under the name of the Defendant from April 30, 2016, the sum of KRW 20 million around April 30, 2016, and KRW 37.8 million around May 3, 2016.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. The Defendant: (a) stated that “A leg that must enter the victim’s family leg may promptly go into the victim’s family leg; and (b) requested the victim to have a sexual intercourse; (c) around May 18, 2016, the Defendant inserted the victim’s family leg, etc. in the victim’s room; (d) tried to commit rape with the victim, and (e) requested the victim to have a sexual intercourse. However, the Defendant inserted the victim’s sexual organ into the victim’s family leg.

B. Around May 20, 2016, the Defendant inserted his sexual organ into the victim’s sexual organ in the victim’s room in the same manner as described in paragraph (a).

Accordingly, the defendant raped the victim with a physical disability over twice.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and C;

1. Investigation report (Details of Account Transactions in D Account);

1. A copy of a welfare card;

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