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(영문) 청주지방법원 충주지원 2017.07.19 2017고합39
성폭력범죄의처벌등에관한특례법위반(장애인준강간)
Text

A defendant shall be punished by imprisonment for seven years.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

Defendant

In addition, the person who requested an attachment order and the person who requested an order to observe the protective order (hereinafter referred to as the "defendant") were residents living in the same village as the victim D (at 25 years of age, intellectual disability level 2), and were willing to commit rape by inducing the victim who has significantly fall short of the ordinary people due to the normal disorder, such as money and food, etc.

On June 6, 2016, the Defendant reported the victim who was waiting for a mixed bus in order to move in a voice Eup at the bus stops located in front of the Sound Group E, Chungcheongbuk-gun, Chungcheongnam-do around 09:00, and will move in to the Eup.

“In addition, the Defendant’s driver was born to the head of the FF white straw, and then, in the vehicle, the victim “one defect and 50,000 won will be paid once per year to the victim.”

“Along with the same day, the victim attempted to engage in sexual intercourse by inserting the victim’s clothes in his/her guest room and inserting his/her sexual organ into his/her sound room on the same day, which was “H-free telecom,” and was attempted by inserting his/her sexual organ into the victim’s clothes in his/her guest room. However, the victim did not have sexual organ but failed to perform his/her intended sexual organ.

A defendant is likely to recommit a sexual crime against a sex offender, who has committed a sexual crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Each video recorded CDs against the victim;

1. Disability ratings determination;

1. The risk of repeating a crime as indicated in the judgment: Each of the above evidence and the following circumstances acknowledged by a prior investigation reply to the claim, i.e., the defendant committed the crime of this case against the victim whose ability to judge is significantly lower than the general public due to intellectual disability 2; and the defendant seriously commits the crime of this case:

It is difficult to see that the defendant's evaluation of the risk of a Korean-type sexual offender (K-SORAS) is an intermediate level of eight points in total as a result of the evaluation of the risk of a Korean-type sexual offender (K-SORS), and the evaluation of the PC-R (PC-R), which is an intermediate level of 23 points in total, but is high from among them (7 to 7 points).

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