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(영문) 대구지방법원 2015.02.13 2014고합486
성폭력범죄의처벌등에관한특례법위반(장애인강간)등
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A defendant shall be punished by imprisonment for five years.

The information on the accused shall be disclosed through an information and communications network for five years.

Reasons

Criminal facts

The facts of the cause of the attachment order / The Defendant and the respondent for the attachment order (hereinafter “Defendant”) operated the Defendant’s Vietnam-style cruise car on the front day of the Youngcheon-si road around August 4, 2014, and the Defendant’s Vietnam-style cruise car on the road. The Defendant instructed the victim D (Woo, 21 years of age, and intellectual disability 3) who was making a campaign on the street to get the victim to board the said car, and let the victim get the victim to board the vehicle. The Defendant and the respondent for the attachment order (hereinafter “Defendant”) set up the said car at the entrance of the collection station located in Yongcheon-si, Youngcheon-si.

The defendant, as above, stated in the face of the victim who takes the attitude of defense in two arms while expressing that he does not refuse to do so, added the defendant's hand to the face of the victim, frighten and left chests of the victim, frighten of the victim, frighten of the victim, frighten of the victim on the defendant's bridge, fright of the victim, frighten of the victim on the defendant's bridge, and forced frighten of the defendant, and forced frighten of the defendant into two arms by using more strong force of the clothes of the victim, so it is impossible to resist the victim's resistance, and inserted the defendant's sexual organ into the victim's sexual organ in the victim's sex.

Accordingly, the Defendant raped a person with a physical or mental disability as above.

【Fact that constitutes the cause of an attachment order】 The Defendant has committed a sexual crime against a person with a mental disability as above, and is likely to recommit a sexual crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. The statements and stenographic records made by the victim D in the video CD;

1. Each investigation report (including the number Nos. 12, 14, 22, 24, 26, 32, 35, and each accompanying document and photograph).

1. An expert opinion on a certificate of disabled person and sexual assault case of disabled persons;

1.States and waters.

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