(영문) 서울서부지방법원 2016.01.20 2015고합309

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(영문) 서울서부지방법원 2016.01.20 2015고합309

성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)

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

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant stated in the written indictment on July 8, 2015 as “ July 18, 2015,” but it is obvious that this is a clerical error.

11:30 around 11:40, the victim D (Woo, 19 years of age, intellectual disability 3 level) that was inside the front of the mutual influent food store near Seodaemun-gu Seoul apartment C, Seodaemun-gu, Seoul, discovered the victim's house, demanded the victim to go to the defendant's house, but the victim was refused, and the victim was forced to have sexual intercourse with the victim's hand, and the victim's hand was led by force, leading the victim to sexual intercourse with the victim's hand, and the victim's hand was moved to the above C apartment 115-dong elevator, 11:42 on the same day after the end of 11:42 on the same day.

In addition, the defendant, along with the victim, stated that the victim of the above C Apartment C, 115 dong 709, a defendant's house, forced the victim to enter the defendant's residence by force, and that "the victim is "the dial-a-a-be" is "the dial-a-be" in the defendant's house, and entered the victim's house into the victim's breathem.

Therefore, the victim continued to see his body and her body, and the defendant tried to go out of the victim's will to have sexual intercourse with the victim "10 minutes after the victim's body," but the victim did not go out of the victim's will.

As such, the Defendant tried to have sexual intercourse with a victim who has a mental disability by force, but did not have attempted to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of statements made for damage;

1. Investigation report (related to attaching a certificate of registration of victim with disabilities and a copy of psychological evaluation);

1. Application of CCTV images and CCTV video CDs-related Acts and subordinate statutes 1.

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