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(영문) 전주지방법원 2016.01.14 2015고합74
성폭력범죄의처벌등에관한특례법위반(장애인강간)
Text

A defendant shall be punished by imprisonment for four years.

To order the accused to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The Defendant, with intellectual disability third degree of disability, resided in D, which is a facility for protecting persons with disabilities, along with the victim C (the age of 39), and was aware that the said victim has a disability to the extent that it is considerably difficult to communicate with the recognition ability and language ability by undergoing a first degree diagnosis of brain lelethy disability, and used that rape would not easily resist the victim even if rape.

At around 08:40 on February 8, 2015, the Defendant completed a meal before the restaurant of the main hall located in the Donju-gun, North Korea, and discovered the victim, followed by a cresh outside the surrounding area, led the victim to the stairs of the third floor of the main hall of the building, was forced to leave the victim's body on the stairs of the third floor of the main hall of the building, and was forced to leave the victim's body, so that the victim's body cannot get out of the victim's body, and the victim's body was forced to suppress the victim's resistance and panty, and raped the victim by inserting the Defendant's sexual organ into the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A person management card, diagnosis certificate, and a certificate of disabled person (for a victim);

1. Application of statutes on site photographs;

1. Relevant Article 6 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 297 of the Criminal Act;

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) of the Act on the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc., the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s mistake in recognizing the instant criminal facts).

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