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(영문) 창원지방법원 밀양지원 2020.04.03 2019고합26

아동ㆍ청소년의성보호에관한법률위반(장애인간음)등

Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault therapy for 40 hours.

(b) the defendant;

Reasons

Punishment of the crime

[2019Gohap26] The victim B (the 15 years old at the time of committing the crime) was a disabled person of Grade III with intellectual disability of the intelligence index (I Q) 67, the social age (SA) 9, and the social index (S Q) 65, and the defendant was aware that the victim was a middle school and was in the third year, but did not have much intellectual ability and did not properly distinguish it.

At around 01:00 on December 17, 2018, the Defendant: (a) 01:00, the Defendant sham together with his son, including the victim; (b) am home and play together with his son; and (c) she was frighted with the victim; (d) she was off the clothes of the victim; and (e) inserted her sexual organ into the sound part of the victim.

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

[2019Gohap27]

1. A thief: (a) around 16:04 on December 22, 2018, the Defendant: (b) cut off one electric kick kick, the market value of which is equivalent to KRW 400,000,000,000, which was set up in front of F in E at the pushed time.

2. Quasi-Fraud Victim H(19) is a person with intellectual disability Grade III, with intelligence index (I Q) 66, social age (SA) 10.2, and social index (S Q) 63.

The Defendant, who was the same elementary school, was able to acquire property from the victim in the name of the borrowed money by taking advantage of the fact that the victim, who was the same elementary school, significantly falls in the capacity of rigrity due to the above intellectual disorder.

On March 16, 2019, the Defendant received 400,000 won in cash from the victim under the pretext of borrowing money, on the ground that, around 17:36, March 16, 2019, the Defendant: (a) “Around the J-dong Branch located in J-dong, J-dong; (b) the Defendant borrowed money from the victim.”

B. On March 18, 2019, the Defendant committed the crime, on or around March 18, 2019, stated that “The Defendant shall be liable for the victim’s payment of the charge on the opening of one cell phone at the cell phone store located in K at a smuggling-si around 18:00,” and that “The Defendant shall be liable for the victim’s payment of the charge.”