logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 목포지원 2016.07.21 2015고합164
성폭력범죄의처벌등에관한특례법위반(장애인강간)
Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. Summary of the facts charged in this case

A. The summary of the primary facts charged and the Defendant and the Victim C (Grade 26, intellectual disability 2) are as follows: (a) the relationship between the Defendant and the Victim C (Grade 2) came to know in the E Welfare Center located in the Southern-gun D.

The Defendant, at around September 2014, had sexual intercourse two times with the victim’s sexual organ inserted the victim’s sexual organ into the victim’s negative organ by inserting the victim’s finger in Gel F, F, around 2014, 308, she exceeded the victim’s clothes, and preventing the victim from resisting the victim’s body. In addition, the Defendant had sexual intercourse with the victim two times in the same manner at the same her mother line around the same date.

Accordingly, the defendant raped the victim with a mental disability.

B. The summary of the ancillary charge is as follows: (a) on September 2014, the Defendant: (b) took the victim’s fingers at Gel 308 heading room located in F at F at Mapopopo City on September 2014; (c) took off the victim’s clothes by force; and (d) expressed the victim’s intent of refusal, by inserting the victim’s body’s sexual organ into the victim’s negative part; and (c) had sexual intercourse two times with the victim by inserting the victim’s sexual organ into the victim’s negative part; (d) around October 2014; and (e) around November 2014, the Defendant had sexual intercourse with the victim two times in the same manner.

Accordingly, the defendant has sexual intercourse with the victim who has a mental disability by force.

2. The Defendant and his/her defense counsel asserted in September 2014, under the agreement with the victim, were sexual intercourses. On October 2014, there was no fact that the victim was sexual intercourse on the basis that he/she was in the birth of the victim. On October 201, 2014, the victim did not want to do so.

the victim's clothes, but the victim added his or her clothes to his or her sexual organ;

On the other hand, there was no violence against the victim, nor sexual intercourse with the victim by force.

3. Determination

A. The burden of proving the facts charged in a criminal trial of the relevant legal doctrine is to be borne by the prosecutor, and the recognition of conviction is to the extent that there is no reasonable doubt by the judge.

arrow