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(영문) 인천지방법원 2014.10.08 2014고합410
성폭력범죄의처벌및피해자보호등에관한법률위반(강간등상해)등
Text

A defendant shall be punished by imprisonment for seven years.

The defendant's disclosure of information to the public shall be made through an information and communications network for ten years.

Reasons

Criminal facts

In 208, the defendant and the person subject to attachment order, and the person subject to attachment order (hereinafter referred to as the "defendants") become aware of the victim D (the current 21 years of age) of the defendant's birth-friendly and intellectual disability 2 years of age around 2008.

The Defendant committed the following crimes under the lack of the ability or decision-making ability to discern things, as a person with mental retardation and shock disorder of the police and impulse.

1. Around May 2008, the Defendant: (a) committed rape at the Defendant’s home located in Nam-gu Incheon Metropolitan City around May 1, 2008 at the Defendant’s home to commit rape with the Defendant’s birth C and play; (b) made the victim enter his/her own room and forced the victim to be out of his/her clothes; and (c) made the victim off his/her face on the ground that the victim did not comply with the request; (d) prevented the victim from visiting any defect that he/she intends to out of, and preventing the victim from visiting.

The Defendant continued to commit rape with the victim’s clothes, but the birth C of the Defendant was frighten out of the door outside of the visit, and was attempted without the victim’s resistance. Accordingly, the Defendant inflicted injury on the victim, i.e., g., g., eye and eye, damage with eye, sacrine, sacrine, etc., where the number of days of treatment cannot be known.

Accordingly, the defendant was trying to rape the victim by using the victim's state of impossibility to resist due to mental disability, and the victim was injured during that process.

2. Around July 2013, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (comprehion of Persons with Disabilities) caused a victim (at the same time 20 years of age) who was playing in the Defendant’s house located in the Nam-gu Incheon Metropolitan City F to find a pro rata between the Defendant and went out of the Defendant’s house with a proteh and a victim’s proteh from the Defendant’s house.

The defendant.

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