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(영문) 수원지방법원 2018.04.05 2017고합664
성폭력범죄의처벌등에관한특례법위반(장애인에대한준강간등)
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

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

Reasons

Punishment of the crime

The defendant is a man of 78 years of age who was retired while serving as a public official, an employee of a construction company, etc., and the victim C (V, 41) was aware that he was living in the same apartment complex as the disabled with mental disorder 2 level 3 years of age who suffered mental fission, etc.

The victim, due to a mental disorder, refers to the Defendant as “nunh,” “lunh,” etc., and the Defendant was unable to exercise his right to make a normal sexual self-determination as well as the need to protect the victim due to mental difficulties, as it appears from time to time, including the fact that there was no pregnancy, and that there was a habit that the Defendant had been her speech and behavior that is not consistent with the rule, even though he had been pregnant.

1. On May 3, 2017, the Defendant: (a) at the Eelel room located in Young-si, Young-si; (b) on the part of the Defendant, he met the victim’s chest by using that the injured person was unable to resist or resist due to mental disorder; (c) was frighten by the Defendant’s entrance; and (d) was fright by inserting the Defendant’s finger on the part of the victim; and (d) attempted to have sexual intercourse with the victim; (c) was not committed, but did not intend to have the Defendant’s finger on the part of the victim; and (d) was not committed.

2. On May 10, 2017, the Defendant attempted to have sexual intercourse with the victim by taking advantage of the fact that the victim was in a state of difficulty in resisting or resisting due to mental disorder in the same manner as Paragraph 1 of the above, but did not intend to have sexual intercourse with the victim, which was not caused by the occurrence of the occurrence.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. The statements made by the victim C in video recordingusb;

1. According to the evidence duly adopted and examined by this court, the victim is entitled to disability ratings, disability diagnosis certificates, disability pension certificates, etc.

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