(영문) 창원지방법원 진주지원 2016.09.29 2016고합64

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 진주지원 2016.09.29 2016고합64

성폭력범죄의처벌등에관한특례법위반(장애인강간)등

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

Criminal facts

The facts constituting the crime and the facts leading to the attachment order [the defendant] The defendant and the requester for the attachment order (hereinafter referred to as the "defendants") have resided in the same village as the victim D (nick, 35 years of age and mental retardation Grade 1), and the victim's friendly appearance is frequently playing in the victim's house, and the victim's mother and the victim's her mother were released from the victim's family with the mental disability lacking judgment ability, and the victim was able to rape by using the gap in the victim's house.

1. On June 27, 2016, the Defendant invadedd the victim’s residence by entering the victim’s house through an open door, which was held in mind to rape, when the victim’s residence was located in Gyeongnam-gun E around 12:30, 2016.

2. The defendant in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape of Persons with Disabilities) is raised by the defendant's house to the victim who is reporting TV by enjoying a scheme at the time and place specified in paragraph (1) above;

After being rejected, the victim's face part is 4 times with the hand floor, the chests of the victim are stored in the upper part of the victim, and the chests are skeed by the body of the victim, and the victim's resistance is prevented, and the defendant's panty and panty tyty are sucks are cut down to bucks, and the victim's panty are raped, but the victim's mother and panty were not able to open a door and enter into the house.

Accordingly, the defendant tried to rape a victim with a mental disability, but did not commit it but did not commit an attempted crime.

[Judgment of the court below] Defendant 1 committed a sexual crime against a person with mental disability as above, and is likely to recommit a sexual crime.

Summary of Evidence

【Criminal Facts】

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. The victim’s statement is a video CD or the victim’s statement.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법

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