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(영문) 대구지방법원 2018.12.21 2018고합226
성폭력범죄의처벌등에관한특례법위반(장애인강간)등
Text

A defendant shall be punished by imprisonment for seven years.

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

Reasons

Punishment of the crime

Defendant

In addition, the person against whom the attachment order was requested (hereinafter referred to as the "defendant") is the mother of the victim B (born on October 200, 200) and the person in de facto marital relationship with the victim, and the victim is the second degree of intellectual disability.

1. From February 2016 to March 3, 2016, the Defendant continuously committed an indecent act by force against the victim for several years. From February 2016 to March 3, 2016, at the victim’s residence located in Daegu-gu Dong-gu, Daegu-gu, where the victim was running a mobile phone game by leading the victim to the victim’s bed against the victim’s bed against the victim’s bed against the victim’s body, and the Defendant refused to do so.

The victim was forced off by putting himself/herself into force by putting him/her out of his/her hands, and her hand when boomed one time with his/her hand, and sexual intercourse with the victim.

As such, the Defendant, as a child or juvenile with a mental disability, has raped the victim, who is a shesheshel’s father.

2. On August 2017, the Defendant, at the same place as from January 1, 2017 around 1: (a) on August 2017, the Defendant: (b) retired, by force, the victim’s body from the bended in the bend; and (c) sexual intercourse with the victim, who is a child or juvenile with a mental disability, was raped.

Summary of Evidence

1. Partial statement of the witness D;

1. B’s statement in video recording CDs, each internal report (a video recording with respect to the victim B, stenographic records with respect to the victim B, and “colation with respect to the victim B,” respectively);

1. Copies of protocol concerning the examination of witnesses D;

1. Certificates of persons with disabilities (No. 54 once a year);

1. Notice of the results of statement analysis;

1. Investigation report (Attachment of expert opinion on sexual assault against the disabled);

1. A criminal investigation report (report on confirmation of the facts constituting the crime) and a summary of the case;

1. Application of Acts and subordinate statutes to each investigation report (the confirmation report on the personal information of victims and the report on the personal information of witnesses E);

1. Article 6(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the corresponding provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 297 of the Criminal Act (a point of rape of each disabled person) and each sexual crime against the crime

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