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(영문) 창원지방법원 진주지원 2014.10.16 2014고합37
성폭력범죄의처벌등에관한특례법위반(장애인준강간등)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The defendant is a person who resides in a neighboring village of a victim'sO (nive, 14 years old, intellectual disability 3 level).

The Defendant, at around 10:00 on September 15, 2013, was engaged in the work of spreading the victim and water from the victim to his her her her her her friend subsidiary located in the Sinnam-gun P, the Defendant: (a) while carrying the victim with the container located adjacent to the said friend subsidiary, and (b) carrying the victim with the container located adjacent to the said friend; (c) while the victim was talked with the victim, she was able to keep the victim’s her frith, and down the victim’s frith, and her frith, “the victim was frighted with the victim.”

In this regard, the defendant tried to have sexual intercourse with the victim by using mental disability such as disability to resist, disability, or difficulty in resistance, but did not go through such intention and did not go through such intention.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of theO contained in each video recording CD;

1. Each police statement made to Qua, C, R, S, T, and U;

1. Application of Acts and subordinate statutes to comprehensive evaluation opinions, written judgments on disability ratings, and expert opinions on sexual assault against children and persons with disabilities;

1. Relevant Articles 15 and 6 (4) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 297 of the Criminal Act concerning criminal facts;

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., grounds for taking into account the circumstances of the crime);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1)2 and 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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