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(영문) 청주지방법원 충주지원 2017.11.02 2017고합65
성폭력범죄의처벌등에관한특례법위반(장애인준강간)
Text

A defendant shall be punished by imprisonment for five 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 the attachment order and the person who requested the attachment order (hereinafter referred to as the "defendant") was aware of the victim D(W, 53 years old) with the intellectual disability 2 and the same village home when they were living in the same village.

around 18:00 on April 23, 2017, the Defendant tried to engage in sexual intercourse by putting the victim's her panty and panty after the victim's her her son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's her son's son's son'

The Defendant has committed a sexual crime against a victim with a mental disability, such as the facts stated in the facts constituting a crime in the judgment, and is likely to recommit a sexual crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Each video recorded CD with the victim D;

1. Comprehensive evaluation opinion:

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 the Defendant’s risk assessment of sexual offenders in Korea (K-SORAS) as a total of 11 points as a result of the application of the K-SORS, and the risk of recidivism of sexual crimes at the level of “Intermediate”, and the total of 12 points as a result of the application of the PC-R (PCL-R) of the screening scheme for mentally ill persons, and considering the risk of recidivism due to the nature of mental disease “the intermediate level” as well as other circumstances before and after the crime, the Defendant committed sexual crimes.

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