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(영문) 부산고등법원 (창원) 2013.08.30 2013노124

아동ㆍ청소년의성보호에관한법률위반(장애인간음)등

Text

The judgment of the first instance is reversed.

A defendant shall be punished by imprisonment for two years.

A sexual assault therapy program against the defendant.

Reasons

1. The facts charged in this case

A. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (compact between Persons with Disabilities) knows that a victim C (the age of 15) who was aware of in the course of running a taxi as a friendly taxi driver was unable to discern things or make decisions due to a speech or brain 3 disability, and used it to have sexual intercourse with the victim; 1) around June 24, 2012, "F" in the international marriage office of F in the name of "F's operation located in Gyeong-nam, around the morning, was aware that the said E had no person in his/her family and will to travel together with the victim at the above office; and (2) he/she went off the victim's body with his/her personal capacity to put the victim into the above office by putting him/her into the above office; and (3) 1) was off the victim's body with his/her ability to make decisions on sexual intercourse with the victim, 2) was removed from the victim's body and 2).

B. The Defendant who intrudes upon his residence.

The key of the above International Marriage Office, which was reproduced in advance for the purpose of sexual intercourse C at the time and time stated in paragraph 1, was opened by using the key of the above International Marriage Office and infringed upon the victim E's residence.

2. Summary of grounds for appeal;

(a) mistake of facts; and