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(영문) 대전지방법원 홍성지원 2014.08.07 2014고합5
성폭력범죄의처벌및피해자보호등에관한법률위반(장애인에대한준강간등)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant had the mind to commit an indecent act against the victim by using the fact that the victim C (the 13 years of age) is a person with a intellectual disability Grade 2 who is showing intellectual disability level with a intellectual ability of 39 degrees, with a low intellectual level and a large amount of drinking water.

1. Around May 16, 2009, the Defendant was forced to leave the victim's chests and fluences in front of the E-certified judicial scrivener office building located in Chungcheongnam-gun, Chungcheongnam-gun, without disregarding the victim's intent to talk that he did not refuse to do so.

Accordingly, the defendant committed an indecent act on the part of the victim by taking advantage of his mental disability that the victim was unable to resist.

2. Around May 23, 2009, the Defendant committed an indecent act by force against the victim using that victim was unable to resist due to a mental disorder by taking the victim’s chest and fry in the toilet of the above building, and by committing an indecent act against the victim by taking the victim’s chest and fry in the above manner.

3. Around May 31, 2009, the Defendant committed an indecent act by force against the victim using that victim was unable to resist due to a mental disorder by taking the victim’s chest and fry in the toilet of the above building, and by committing an indecent act against the victim by taking the victim’s chest and fry in the above manner.

4. Around June 5, 2009, the Defendant committed an indecent act by force against the victim by taking advantage of the victim’s mental disability that the victim was unable to resist due to a mental disability, by taking the Defendant’s office located in the “F” in the Chungcheongnam-nam Budget Group.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. The police statement concerning G;

1. On-site inspection of the place of crime, investigation reports (Comparison of the date and telephone details of the crime), investigation reports (field investigation), investigation reports (Attachment of data to judgment of intellectual ability of the victim), application of Acts and subordinate statutes to certificates of persons with disabilities;

1. The relevant Article of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Specific Crimes on April 15, 2010

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