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(영문) 수원지방법원 성남지원 2015.04.30 2014고합333
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)
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A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant was a person with a intellectual disability in the third degree, using the D Welfare Center, which is a rehabilitation welfare facility for the disabled in the Sungnam-si, Sungnam-si, and became aware of the victim E (in this case, 23 years old) of the intellectual disability in the second degree.

At around 17:00 on June 13, 2014, the Defendant proposed the Defendant to play with the Defendant’s friendship F with the Defendant’s house at the Defendant’s friendship F, and responded thereto, together with the Defendant’s house located in the G apartment unit in Sungnam-si, Sungnam-si, the Defendant left with the victim, the above F, etc., and on June 14, 2014, the period of returning home from the above F’s house was not longer than 04:00 on June 14, 2014, and did not come home, to report the situation of the victim to have the victim sexual intercourse with the victim, and the victim expressed that “I am off off the brate. if I am, I am the Defendant’s son,” and “I am off the victim’s son, the victim’s son’s son, the victim her son, who was her finger, continued to be sexual intercourse with the victim’s son,” and said her her her son was sexual.

Accordingly, the defendant has sexual intercourse with the victim who has a mental disability by force.

Summary of Evidence

1. Statement made by the accused to the effect that “the accused has a sexual intercourse with a victim” in the first trial record;

1. Legal statement of witness E;

1. Certificate of disabled person (155 pages of investigation records);

1. Medical opinions, medical records, copies of medical records, certificates of medical records, and expert opinions;

1. Application of the Acts and subordinate statutes governing counseling days for the D Welfare Centers;

1. Article 6 (5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. The sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is as follows.

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