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(영문) 수원지방법원 2014.04.29 2013고합560
성폭력범죄의처벌등에관한특례법위반(장애인준강간등)
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant worked as a factory site in the E-factory located in Ma in Ma in Mosung City.

Around 14:00 on July 2, 2013, the Defendant was aware that the Victim F, who suffers from the Compilation mental disorder, was in the above factory, divided the dialogue with the victim who was found in the above factory to view the job placement advertisement report and interview, and the victim was not in the mental state of the victim.

At around 15:00 on July 22, 2013, the Defendant: (a) placed the victim on board a mountain spawn car owned by the Defendant; (b) placed the victim in the vicinity of the apartment construction site of the Chosung-si, e.g., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e. the e., the e. the e.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's difficult state of resistance due to mental disability.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Legal statement of witness F;

1. Inquiries inquiry table;

1. Each request for appraisal;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 6 (4) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Punishment, etc. of Sexual Crimes on Crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 16(1) of the Act on Special Cases concerning the Punishment, etc. of

1. Although the Defendant had sexual intercourse with the victim at the time and place stated in the judgment, he did not know that the victim had mental disability at the time.

2. The following circumstances acknowledged by the evidence duly examined by this Court, i.e., the content and attitude of the victim’s statements in this Court:

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