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(영문) 춘천지방법원 영월지원 2018.12.20 2018고합27

성폭력범죄의처벌등에관한특례법위반(장애인피보호자간음)등

Text

A defendant shall be punished by imprisonment for 16 years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

A C school in B is a school opened on March 5, 2004 for the purpose of providing students with intellectual disabilities and physical disabilities with necessary education in accordance with the Special Education Act for persons with disabilities and helping them overcome their disabilities and develop their whole human resources through appropriate protection, welfare and rehabilitation services. The Defendant is a person who served as a teacher in the above school from March 1, 2010 to July 9, 2018.

Victim D (one, the other, the other, the other, the other, the other, the other, the other, the other, the other, the other, the other, the other, the other, the other and the other, the other, the other, the other, the other, the other, the other, the other, the other, the other, the other, the other, the other, the other, the other, the other, the other, the other, the other, the other, the other, the other, the other, the other, the other, the other, the other, the other, the other, the other, the other, the other, the other, the other, the other, the other, the other, the other, the other, the other, the other

The defendant is a juvenile with intellectual disability who was diagnosed in intelligence index 62, SA 10, S Q 63 as a result of the psychological evaluation, and the victim Eul is a disabled person with intellectual disability 3 diagnosed in intelligence index 62, SA 10.2, and Q Q 68.36 as a result of the psychological evaluation, and the victim F is a disabled person with intellectual disability 3 diagnosed in intelligence index 53, SA 8, March 3, and Q Q 52 as a result of the psychological evaluation.

Using the fact that sexual identity and values are not mature, the ability to properly judge and cope with surrounding circumstances due to intellectual disorder, and the predicted ability due to his behavior is insufficient, and that there is a high level of crypity for authoritative objects due to high desire and desire for recognition, the victims have a wrong perception that they are not erroneous acts of the defendant, such as engaging in indecent conduct or sexual intercourse with the victims, and discompacting their sexual desire.

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