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(영문) 춘천지방법원 원주지원 2015.09.03 2015고합55
성폭력범죄의처벌등에관한특례법위반(장애인강간)등
Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Criminal facts

On May 2015, the defendant and the respondent for the attachment order (hereinafter referred to as the "defendants") sent out the contact information of the victim by approaching the victim D (nive, 21 years of age, intellectual disability 2 level) at the Hanju-si K apartment playground in Jungju-si, 2015, or the mother of the victim and the victim knew that there is a mental disability.

On May 25, 2015, the Defendant: (a) sent a phone to the victim for the purpose of engaging in sexual intercourse with the victim as his/her own residence on May 25, 2015; and (b) induced the victim to his/her residence.

On May 25, 2015, around 21:24, the Defendant: (a) inducedd the victim to the Defendant’s residence located in the Republic of Korea E 401, and (b) tried to kill the victim together with the victim; (c) interfered with the victim, and (d) continuously lying the victim into the bed; and (d) tried to be out of the bed of the bed of the victim’s chest by putting the victim on the bed; and (e) raising the victim’s injury

Accordingly, the victim's "I" and "Is the end," and the victim's knife knife (14 cm in total length), which is a dangerous object that was kept in the bend of the bedle, failed to resist against the victim by "Is down, Is the knife, Is the nife, Is the nife of the victim, and had sexual intercourse once by inserting the Defendant's sexual organ into the part of the victim.

As a result, the defendant inducedd the victim for the purpose of sexual intercourse, and carried dangerous objects, and raped the victim with mental disability.

[Judgment of the court below] The defendant committed a sexual crime against a person with a mental disability, and is likely to recommit a sexual crime.

Summary of Evidence

1. Defendant's legal statement;

1. stenographic records of statement made to D, and statement made by the police to F (person for reference and reporter);

1. Records of seizure and the list of seizure;

1. A certificate of persons with disabilities and a detailed statement of confirmation of telephone conversations;

1. Recommitting sex crimes as indicated in the judgment;

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