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(영문) 인천지방법원 부천지원 2017.08.11 2017고합22
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.

(e).

Reasons

Punishment of the crime

[Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape with Persons with Disabilities)] around October 2013, the Defendant discovered the victim C (one person, two-three years of age, and twenty years of age) who was used for living in a know-how before the Defendant’s residence, and was paid at the Defendant’s house, and was working at a marina business place operated at the time when the victim became aware of the fact that the victim had a physical disability, used the help and help the victim live together with the victim so that the victim may receive the subsidy, such as basic supply and demand, and used it as joint housing expenses, living expenses, etc., and had the victim feel to have sexual intercourse with the victim by using the victim’s disability.

1. From January to February 2, 2014, at the Defendant’s residence located in Gangnam-gu Seoul Metropolitan Government, the Defendant: (a) forced the victim (the victim at the time 20 years old); (b) forced the victim (the victim at the time 20 years old); and (c) forced the victim to resist his/her resistance; and (d) took off his/her clothes from the victim’s sexual organ into the victim’s sexual organ in the victim’s sexual organ, thereby having sexual intercourse with the victim.

2. On November 2016, the Defendant: (a) at the room of the Defendant and the victim’s residence under the E-si, at the end of the end of the year; (b) threatened the victim on the floor; (c) threatened him/her with his/her hand; (d) threatened him/her with his/her arms; and (d) threatened him/her with “I think that he/she would be able to report it to the police; and (d) imprisoned him/her; and (e) threatened him/her with the victim’s resistance; and (e) forced him/her into the victim’s sexual organ by putting the victim’s sexual organ into his/her sexual organ, thereby committing sexual intercourse with the victim.

Summary of Evidence

1. Each legal statement of the witness C and F;

1. Statement made by the prosecution against the F;

1. C’s statement in the video recording of the victim’s statement;

1. Statement made by the police with regard to C;

1. Request for investigation, report on investigation (Attachment of cases related to a suspect), investigation report (the time when the defendant and the victim have met and the date and time of crimes);

1. A statement assistant report and a statement analysis expert.

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