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(영문) 인천지방법원 2012.08.24 2012고합695

아동ㆍ청소년의성보호에관한법률위반(강간등)등

Text

A defendant shall be punished by imprisonment for a maximum term of four years and a short term of three years.

The defendant shall complete 40 hours of sexual assault treatment program.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc. with Disabilities) and violation of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse (Rape, etc.) (Rape, etc.) (hereinafter “defendants”) committed by the Defendant and the requester for attachment order (hereinafter “defendants”) to have sexual intercourse with the victim C (18 years old), who is in physical and mental disorder 2 in both polar and dynamic mental disorder, tear the bridge on the road, dance, and is deemed to have a marcing behavior or a marcing, who is off and out of his/her body, and tried to have sexual intercourse with the victim by using the victim’s lack of ability to make reasonable judgment due to mental disability.

On 09. 07. 02:00 on 09. 07. 02:00, the Defendant and D sent off the victim with Otoba, sent back the back to the back of Incheon, with the defect of sexual relations, and went back to the mutual singingings in Nam-gu E.

At around 06:00 on July 09, 201, when D had sexual intercourse with the victim and around 06:00 on a female toilet of Bupyeong-gu Incheon, Incheon, the Defendant demanded the victim to have sexual intercourse with the victim, but the victim refused it, and the victim did not have sexual intercourse with the victim, the Defendant, who did not have sexual intercourse with the victim, acted in the park as if the victim would be married with the victim, and would not put the victim to stove, and had the victim off the clothes and had the victim sexual intercourse with the victim.

Accordingly, the Defendant had sexual intercourse once with the victim by force using the state of difficulty to resist due to mental disorders of the juvenile victim.

B. In the above manner, while the Defendant, at around 03:00 on July 10, 201, colored a place where the victim would engage in sexual intercourse with Oralba, G, who was found to have sexual intercourse between the fourth and fifth floors of the Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and sought to have sexual intercourse with the victim, and sought to have sexual intercourse off the victim’s clothes, but it was impossible to hear the sound coming from other people and make it impossible to do so.

Accordingly, the defendant is a juvenile victim.