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(영문) 대전지방법원 2020.03.20 2019고합344
성폭력범죄의처벌등에관한특례법위반(장애인준강간)
Text

A defendant shall be punished by imprisonment for five years.

Disclosure and notification of information on the accused for five years.

For the defendant.

Reasons

Criminal facts

The facts of the cause of probation order [criminal facts] The defendant and the person subject to the request for attachment order (hereinafter referred to as the "defendants") are neighboring the victim B (the 36 years of age) and the person subject to the request for attachment order (the 13 years of age) with knowledge about about 13 years. The victim is a disabled person with intellectual disability who shows the high level of mental retardation and is unable to solve problems on a daily basis without prior intervention of his/her guardian.

1. On March 2019, the Defendant found the victim’s house located in Geumsan-gun, Geumsan-gun, Chungcheongnamnam-gun, and told that the victim will be sick with the victim, left the house of the defendant located in Geumnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and stated that it would be “one time” with the victim, and said that it would be “one time” with the victim, and said that the victim would go back inside the room and exceeded the clothes of the victim, and had sexual intercourse once.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental disability such as disability to resist or to resist.

2. On March 2019, the Defendant found the victim’s house located in Geumsan-gun, Geumsan-gun at the end of the end of the o’clock, saying, the Defendant would make the victim go together with the victim to get sick, thereby bringing the victim to the mountain paths located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and stated that the victim was “one time of defect” and exceeded the victim’s clothes and had sexual intercourse once with the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental disability such as disability to resist or to resist.

[Fact that constitutes a ground for probation order] The Defendant is likely to recommit a sexual crime against a sex offender as above.

Summary of Evidence

1. Defendant's legal statement;

1. The statement, video CD and stenographic records with respect to B;

1. Requests for appraisal;

1. Statement analysis expert opinion, opinion of doctor, and report on the review and evaluation;

1. Judgment.

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