Text
Defendant
A Imprisonment with prison labor for a year and six months, and for a defendant B, for three years, respectively.
However, this judgment is delivered against Defendant A.
Reasons
Punishment of the crime
1. On April 27, 2013, Defendant A committed an indecent act against the victim’s chest by drinking the victim’s chest with his/her hand, who was working with the victim G and H with a intellectual disorder 2 in the Go field of Gocheon-gun, Chungcheongnam-gun, Chungcheongnam-gun, Y around April 27, 2013.
2. Defendant B
가. 피고인은 2008년 여름경 충남 서천군 I에 있는 피고인의 집에서 지적장애 2급인 피해자 G와 함께 밭일을 마치고 돌아와 위 피해자가 씻는 모습을 보고 위 피해자가 지적장애인으로 강간을 하여도 신고하거나 다른 사람에게 도움을 청하지 못할 것이라고 생각하고 피해자를 간음할 것을 마음먹고, 위 피해자를 데리고 방으로 들어가 손과 다리로 피해자의 몸을 누르고, 피해자의 가슴을 주무르고 입으로 빤 다음 피해자를 1회 간음하였다.
Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental disability.
B. The Defendant: (a) committed an indecent act by force against the said victim by forcing the victim to commit an indecent act on the part of the victim, in the cargo truck owned by the Defendant, which was parked next to the argument located adjacent to the Hacheon-gun, Chungcheongnam-gun, Chungcheongnam-gun, 2008, by using the victim’s intellectual disability to resist when the victim resists or to the other person is unable to talk as above; (b) walking the victim’s name and walking the victim’s chest, thereby making the victim prompt and prompt.
Summary of Evidence
【Criminal Facts of Paragraph 1 at the Time of Sales】
1. Defendant A’s legal statement
1. Each police statement concerning G or L;
1. Certificate of the disabled;
1. Expert opinion [The criminal facts of paragraph (2) at the time of sale];
1. Partial statement of the defendant B (as of the date of the first and fourth trial)
1. Legal statement of witness G;
1. Statement of the police concerning L;
1. Certificate of the disabled;
1. Application of Acts and subordinate statutes on expert opinion;
1. Article relevant to the facts constituting an offense and the selection of punishment;
A. Defendant A: Punishment, etc. of sexual crimes committed by the former.