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(영문) 서울중앙지방법원 2018.07.06 2018고합383

아동ㆍ청소년의성보호에관한법률위반(장애인간음)

Text

A defendant shall be punished by imprisonment for five years.

The information on the accused is disclosed through an information and communications network for a period of five years.

Reasons

Criminal facts

On July 21, 2015, the Seoul High Court sentenced the Defendant to imprisonment with prison labor for a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse, and completed the execution of the said punishment on July 17, 2016.

[2] On July 2017, the Defendant: (a) knew that the victim D (e.g., 14 years old, intellectual disability 3 level) who became aware of the video-recording mobile application called “C” was a middle school year 2; (b) used the above fact that the intellectual ability is remarkably different compared to that of the previous, and used it to have sexual intercourse with the victim.

1. On August 15, 2017, the Defendant exceeded all clothes of the victim at the Defendant’s office located in Gwanak-gu in Seoul Special Metropolitan City, and inserted the victim’s sexual organ into the negative part of the victim’s office.

2. Around September 26, 2017, the Defendant exceeded all clothes of the victim at the places described in the foregoing paragraph 1 at night, and inserted the victim’s sexual organ into the negative part of the victim.

3. On October 19, 2017, the Defendant exceeded the clothes of the victim at the victim’s house located in Eunpyeong-gu Seoul Eunpyeong-gu Seoul, and inserted his sexual organ into the part of the victim.

Accordingly, the defendant has sexual intercourse three times with a disabled child or juvenile who lacks the ability to discern things or make decisions due to a physical or mental disability.

[The facts constituting the cause of an attachment order] The Defendant sent a photograph of a female child or juvenile under the age of 15, who was aware of through a cryping cryp application at the Seoul High Court on July 21, 2015, to a female child or juvenile under the age of 15, who was aware of through a cryp application on June 2014.

In other words, it was sentenced to imprisonment with prison labor and six months on July 17, 201, and the execution of the above punishment was completed on July 19, 201, and as above, it was below the age of 19.