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(영문) 대전지방법원 2017.08.17 2016고합396
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

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

Reasons

Punishment of the crime

The Defendant: (a) the victim C (Woo, 17 years of age) with a disability of class 3 (intelligent index 50-70, mental age 10), who is a person with a disability of grade 3 (intelligent index 50-70, mental age 10), is divided into horses and lacks intellectual ability; (b) the Defendant lacks intellectual ability; and (c) the Defendant did not refuse to do so when concluding a sexual relationship with

The victim could enter into a sexual relationship regardless of the victim's will as he or she could not be at any time, even though he or she had a sexual relationship with the victim by force.

I would like to think.

On April 12, 2016, between 00:20 to 00:40 on April 12, 2016, the Defendant: (a) while drinking and drinking with friendlys, including the victim, including friend D and 205, one’s own house; (b) friends, except the victim, get out of the drinking water for fraud; and (c) friends with the victim, she would have sexual intercourse regardless of the victim’s will; (d) Da Da d and panty of the victim; and (e) Da Da d and her panty were forced against the victim’s refusal to do so.

“ Even after a series of statements, the victim had sexual intercourse with the victim who had a mental disability by inserting the sexual organ into the victim’s negative part, and by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of the witness E and F in the second public trial records;

1. C’s respective statements and stenographic records recorded in each statement recorded CD;

1. Each police statement made to G, H, and E;

1. 112 List for handling reported cases, and details of report and consultation;

1. Reporting sexual assault cases and conducting an experience study at the primary sexual culture center for the primary class;

1. Each investigation report (the first investigation of the victim's first counseling paper, the final confirmation of the details of use of the suspect debit cards, the submission of expert opinions on sexual violence against children with disabilities, certificates of persons with disabilities, etc.);

1. Application of Acts and subordinate statutes on welfare cards (Grade III);

1. Article 6 (5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201)

1. Order to complete a program;

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