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(영문) 춘천지방법원 강릉지원 2015.07.02 2015고합31
성폭력범죄의처벌등에관한특례법위반(장애인강간)등
Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

Victims C(WW, 52 years old) are persons with disabilities with light intellectual and speech disorders in all intelligence 53.

The defendant knew that the victim living next to the same apartment house has a disability that makes it impossible to communicate daily language to the body of the disabled, etc., and tried to rape the victim.

1. At the time of springing in 2013, the Defendant found the victim's house boomed with D apartment 401, and found the victim's boomed with her sexual desire, shing the victim's body, shing the victim's body, leaving the victim's body, leaving the victim's fingers off, she met the victim's chest with clothes, cut off the victim's her chests, forced the victim's panty and panty, and inserted her sexual organ into the victim's negative part.

As a result, the Defendant had sexual intercourse with the victim who has mental or physical disability once.

2. Around May 2014, the Defendant found a kimchi farm with the victim’s house and sought coffee from the victim, and the victim included the victim in coffee in the part of the victim’s dynas self-victim’s kynasa.

Accordingly, the defendant committed an indecent act on the part of the victim who has mental or physical disability.

3. Around August 2014, the Defendant found at the victim’s home and demanded the victim to engage in a sexual intercourse at the victim’s home, stating that “n't have any gender,” and the victim refused to engage in such sexual intercourse, thereby putting his hand in the victim’s clothes and her breasts.

As a result, the defendant committed an indecent act against the victim with mental or physical disability.

Summary of Evidence

1. Defendant's legal statement;

1. C’s video recording CDs;

1. A certificate of a disabled person, a medical certificate of a mental disorder, and a psychological evaluation statement;

1. Application of Acts and subordinate statutes to expert opinions on sexual assault against the disabled women;

1. Relevant Articles on criminal facts and the punishment of sexual crimes subject to the choice of punishment;

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