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(영문) 광주지방법원 해남지원 2017.07.19 2017고합11

아동ㆍ청소년의성보호에관한법률위반(장애인간음)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall complete a sexual assault treatment program for 80 hours against the defendant.

Reasons

Punishment of the crime

The Defendant came to know of the victim C (the age of 13) while putting the victim C on the vehicle, and the victim is a person with disabilities of class 3 intellectual disability (Intelligent Index 41).

On March 12, 2017, the Defendant: on the road located in Jindo-gun D on March 12, 2017, the road located in Jindo-gun D, Jindo-gun, Jindo-gun, the Defendant: (a) taken the victim into the Epoter vehicle; and (b) taken the victim into the telecom

At around 12:28 on the same day, the victim had sexual intercourse once with the victim by inserting his/her clothes from G 217 heading room in South F, and inserting his/her sexual organ into the sound part of the victim.

Accordingly, the defendant has sexual intercourse with a disabled child or juvenile who is 19 years of age or older.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness H in part;

1. The statement made by the victim and the stenographic records thereof recorded in a video CD (C);

1. A written opinion on a case in which a child sexual harassment is committed;

1. Application of Acts and subordinate statutes to a copy of a welfare card (C) and a disability diagnosis certificate (C);

1. Article 8 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against the relevant criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (an order to disclose or notify the registered information may have a significant impact on the accused, and thus, it is necessary to pay careful attention to such an order.

However, in the case of this case, the motive and background of the crime, the fact that the defendant has no record of punishment for a sex offense, and the defendant's completion of the sexual assault treatment program can have an effect to prevent the recidivism of the defendant.

Benefits and preventive effects that can be expected by the disclosure order or notification order, and the defendant will sustain.