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A defendant shall be punished by imprisonment for three years.
The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.
Reasons
Punishment of the crime
The Defendant is between the husband D of the victim C (mast, 72 years of age) who is a person with a physical disability of the first degree, and is a relative with the victim.
1. When the victim's house located in the Nam-nam Navy E in 2012, she was frightened by frighten and frightened from the victim's house located in the Nam-nam Navy E, the victim who was frighten and unfrightened from the body was placed on the floor of the defense room and was off off the victim's house and frightened from the victim's body, sexual intercourse with the victim;
2. Between wintering in 2012 and February 10, 2013, the victim’s sexual intercourse with the victim in the manner described in paragraph 1, when D, at the victim’s house described in paragraph 1, comes to fall short of D’s consciousness;
3. From February 26, 2013: (a) around 13:10 on February 26, 2013, the victim’s home as indicated in paragraph (1) is going out of the house; (b) the victim’s father or mother left the house after leaving the house, thereby coming to fall short of the victim; (c) the victim had sexual intercourse with the victim in the same manner as described in paragraph (1) on three occasions; and (d) the person having physical disability by force has
Summary of Evidence
1. Defendant's legal statement;
1. Video CD (34 pages of investigation records);
1. Application of Acts and subordinate statutes to a medical certificate for mental disorder and certificate of disabled;
1. Article 6 (5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes (Amended by Act No. 11556, Dec. 18, 2012)
1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment of concurrent crimes against a person with disabilities as provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Article 3 of the Judgment with the largest penalty);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order (Amended by Act No. 11556, Dec. 18, 2012)
1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse.