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(영문) 춘천지방법원 원주지원 2014.05.22 2014고합36
성폭력범죄의처벌등에관한특례법위반(장애인강간)
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 80 hours.

Reasons

Punishment of the crime

The defendant is a person with mental disability Grade III and is in a relationship of relationship with D, who is the father of the victim C (V, 21 years old, 2 years old, and 2 years old).

On March 27, 2014, at around 23:41, the Defendant 23:41, entered a canter into the beer through a string door, which was not corrected in the victim’s residence at the home of the apartment in the original city, but D confirmed that D was absent from the house, and went back to the beer due to the “hovascise Epis (ephal diseases caused by the destruction of mathal, dys, mathal, etc. by a specific germs)”, thereby leading the victim who was unable to move properly.

The Defendant was trying to raise the appearance of the victim, i.e., having been seated adjacent to the victim, and dividing the conversations with the victim with the victim by drinking the victim, and i.e., having a mind to rape, and see that “the victim is good. I understand this fact.” However, the victim did not return the body of the victim, and continued to see the victim’s body with the victim’s hand, and the victim did not keep the victim’s chest back by gathering the hand inside the victim’s body. The Defendant did not keep the victim’s chest on the part of the victim.

Since then, even though the defendant tried to punish the victim's right bridge due to his hand and her refusal to do so, the defendant tried to suppress the victim's resistance by means of punishing the victim's right bridge and pushing ahead the victim's right bridge, and then intending to go back to the victim's body, but the victim tried to go back to the victim's body in the manner of pushing ahead with the victim's right bridge, but the victim failed to go back to the wind and resist the victim's body. However, the defendant did not go out of the victim's residence and went out of the victim's residence.

Accordingly, the defendant has a physical disability.

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