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(영문) 부산지방법원 서부지원 2018.01.11 2017고합149
성폭력범죄의처벌등에관한특례법위반(장애인강간)
Text

A defendant shall be punished by imprisonment for three years.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Criminal facts

The Defendant, while residing in the Busan Sinan-gu E Notice No. 505 on June 22, 2017, had been trying to rape other victims by approaching the victim F who resides in the above notice No. 507 from around June 22, 2017 to the above victim F (M, 23 years of age, intellectual disability 3 level).

On June 28, 2017, at around 01:20, the Defendant: (a) sent the victim’s visit from the front corridor No. 507, the Defendant called “the victim, who had a large telephone rate of 508,” and called “the victim, who had a large telephone rate of 508,” and called “the victim, who had a large telephone rate of 507, was married,” and (b) stated that “the victim, at 508, would be able to be imprised” to the residents of 508; and (c) the victim, “the victim,” who was 505, the Defendant 505, the Defendant’s room, leading the victim to the victim, refusing to enter the victim, was placed on the bed of the victim, and the victim, who did not want to do so, was able to do so.

The defendant was rejected and the defendant was frightened to 507, the victim's room and the victim's room, and the victim entered the 507 visit which was not closed, and forced the victim to enter the 507 room where the victim was married.

The defendant continued to be placed on the bed of the victim with both arms on the bed of the victim, and laid on the body of the victim to prevent him from leaving the victim's body and resisting the victim's body due to his hand, and unfolding the part of the victim's neck by hand, the defendant exceeded the victim's neck and pandety with another hand, and inserted his sexual organ into the part of the victim's body.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. F’s statement recorded in video recording CDs;

1. Report on internal investigation (the CCTV verification of the CCTV, which is the scene of the crime), report on internal investigation (the CCTV image verification made by the person being accused of the crime) and investigation report (the relative resident of 508);

1.Each.

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