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(영문) 대구지방법원 2013.10.18 2013고합300

아동ㆍ청소년의성보호에관한법률위반(장애인간음)등

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around September 21, 2012, the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) sent the victim E (the victim E, 16 years old and intellectual disability Grade 3), who was going to go to and is going to go to the near the D Rehabilitation Institute located in Busan Metropolitan City, and parked in a forest located in G, and the victim E (the victim E, 16 years old and intellectual disability Grade 3) was parked in the said vehicle, and the victim was aware of the fact that the victim was the disabled and the disabled was the disabled.

The Defendant demanded the victim to correct the sexual relation within the above cargo vehicle on the same date, and let the victim sit down and lying the victim with the seat on the steering gate, and allowed the victim to see her sexual organ on several occasions.

On March 2013, 2013, the Defendant parked his sexual flag in a nearby Gongak-gu University, Daegu-si, Daegu-si, which was located in Sinsan-si. In such a manner as above, the Defendant contacted the victim’s sound book several times.

As a result, the defendant over 19 years of age committed indecent act on the victim who is a disabled child or juvenile.

2. Around 23:00 on April 10, 2013, the Defendant requested the victim E (persons aged 17, intellectual disability Grade 3) to have sexual intercourse within the “Ielel” H located in Yong-si, Yongcheon-si, and had the victim get off and open off the victim’s seat, and was in sexual intercourse once by inserting his sexual organ into the part of the victim’s sound.

At around 23:00 of the same month, the Defendant had sexual intercourse once with the above method within the “Kel” under the jurisdiction of the Sinsan-si, Busan-si.

As a result, the defendant over 19 years of age has sexual intercourse with the disabled child or juvenile victim twice.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police concerning L;

1. The Director-General of the Dental Rehabilitation Agency.