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(영문) 수원지방법원 여주지원 2019.02.19 2018고합66

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.


Punishment of the crime

In September 2018, the Defendant became aware of the victim B (the age of 21) with intellectual disability 2 in the early 2018, through the mobile phone display case "C".

around 17:00 on September 10, 2018, the Defendant was aware of the fact that the victim was incapable of intellectual ability due to mental disability in the course of communicating with the victim and providing meals with the victim within the female city.

On September 10, 2018, the Defendant, at the victim’s house located in Sju City, around 21:30 on September 21, 2018, had the victim engage in rape, led the victim with his mind, prevented the victim from suffering from being involved by hand, forced the victim’s chest, and forced the victim’s will and clothes, and prevented the victim from resisting the victim’s body, and had the victim engage in sexual intercourse once by inserting his sexual organ into the part of the victim.

Accordingly, the defendant raped the victim with mental disability.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B and E;

1. Each prosecutor's protocol of examination of the accused;

1. The prosecutor's statement concerning B;

1. Stenographic records;

1. A report on the occurrence of a crime (Rape of persons with disabilities), a report on internal investigation (the collection of emergency heights of sexual assault against the victim), CCTV report (the CCTV confirmation based on the victim's statement), a report on internal investigation (the results of theCCTV verification and the confirmation of the suspect mobile line), and a report on investigation (the recording of statements,

1. 112. List of reported cases;

1. A notice of an intermediary's report and the results of the statement analysis;

1. A gene appraisal report;

1. Certificates of persons with disabilities and determination of disability ratings;

1. Application of Acts and subordinate statutes to photographs of the place of crime, suspect photographs, CCTV closure photographs, and field photographs;

1. Relevant Article on the facts constituting an offense, Article 6 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 297 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Program;