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(영문) 창원지방법원 통영지원 2013.05.30 2012고합194
성폭력범죄의처벌등에관한특례법위반(장애인에대한준강간등)등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around January 2010, the Defendant came to know of the Victim D (Inn, 16 years of age)’s mother of the Victim D (in and 16 years of age) and went to live together from October 2010 to live together with the victim in the same house as the victim. The Defendant was aware of the fact that the said victim was a cadastral disability of class 2 of disability, with the awareness that he was unable to have his intellectual ability reduced and to make his expression of intent well, and was committed sexual intercourse or indecent act with the victim.

1. On July 2012, the Defendant committed an indecent act once against a juvenile, who is a juvenile with mental disability, by reporting that the victim was using a computer in his/her own room, and that the victim was able to talk with his/her chests, and continuously inserting his/her fingers by inserting his/her fingers and inserting his/her fingers.

2. On August 29, 2012, the Defendant, at the place of residence of the above Defendant, had sexual intercourse once with the victim, by inducing the victim to have sexual intercourse with the victim by taking advantage of the gaps in which the victim’s mother E does not work, entering the victim’s room and talking the victim’s chest by hand, and inserting his sexual organ into the victim’s negative organ into the victim’s negative organ.

3. On August 30, 2012, the Defendant, at the place of residence of the above Defendant, had sexual intercourse once with the victim, by inducing the victim to have sexual intercourse with the victim by taking advantage of the gaps in which the victim’s mother E does not work, entering the victim’s room and talking the victim’s chest by hand, and inserting his sexual organ into the victim’s negative organ into the victim’s negative organ.

Summary of Evidence

1. Statement made by witnesses G in the third protocol of trial;

1. The statements made by victims D in CDs in each protocol of the fourth and seventh trial;

1. Statement made by a witness H in the fifth trial records;

1. Statement made by a witness I in the sixth protocol of the trial;

1. Statement made by the witness J in the seventh trial records;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. A complaint;

1.Each.

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