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(영문) 춘천지방법원 2016.12.20 2016고합100
성폭력범죄의처벌등에관한특례법위반(장애인강간)등
Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

[Criminal Power] On September 12, 2016, the Defendant was sentenced to one year of a suspended sentence of imprisonment with prison labor for the crime of assault, etc. at the Chuncheon District Court on September 2016, and the said judgment became final and conclusive on September 20, 2016.

【Criminal Facts】

The Defendant was well aware of the fact that he was a disabled person of Grade II with intellectual disability (n, 20 years of age) who was aware of the introduction of friendship, with the intellectual ability and language ability of the victim C(n, 20 years of age) who was a disabled person of Grade II with intellectual disability.

On October 25, 2015, at around 01:30, the Defendant: (a) was at the 01:301 Sincheon-si, Ma301, and was drinking with the victim and E, and (b) was sexual intercourse with the victim by first rape and rapeing the victim, locked, and inserting the victim into beer, taking the victim’s satisf, making the victim’s sat, standing on the next floor, kneing the victim’s satisf, kneing the victim’s knee, taking the victim’s kne and kne, and kneing the victim’s body, refusing the victim’s body to speak, kneing the victim’s body, leaving the victim’s kne, kneing the victim’s sexual organ into the part of the victim, and inserting the victim’s sexual organ into the part of the victim.

Accordingly, the defendant raped the victim with mental disability due to the assault.

The Defendant and the Victim F, as a workplace guard, were living in Gangnam-gu Seoul Metropolitan Government G 310, and the Victim G 319 respectively.

1. On August 8, 2016, the Defendant: (a) around 00:00 on August 8, 2016, 2016, around the residence of the victim F of the said G 319; (b) on the part of the victim F of the said G 319; (c) opened and intruded into the said house; and (d) removed KRW 86,000 in cash from the victim’s wall on the face; and (d)

The Defendant, as such, invaded the victim’s residence at night, and stolen the property.

2. Larceny;

A. At around 01:00 on August 14, 2016, the Defendant listened to the horses that “the Defendant would bring about a person to the internal room” from the victim while drinking alcohol, such as the victim F, at the Defendant’s residence, around G 310, and that “the Defendant would bring about a person to the internal room.”

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