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(영문) 대구지방법원 2019.10.11 2019고합97

아동ㆍ청소년의성보호에관한법률위반(위계등간음)

Text

A defendant shall be punished by imprisonment for five years.

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

Reasons

Punishment of the crime

Victim B (A), the 17 years old, is a child or juvenile who lacks the ability to discern things or make decisions due to mental disability, since the niversity test that evaluates the level of intellectual disability (Crest Grade 3) in the middle of 54 and the level of social reputation test that evaluates adaptation behavior is 63.13 years old, social age (SA) is merely 10 months old, and thus has weak ability to discern things or make decisions due to mental disability.

On July 6, 2018, the Defendant, at around 13:26, 2018, carried a dog that he raises and she drinks as a D Park in the Gumi-si, Gumi-si, where he drinks in the event book, she sees that the above victim, who was in the high school sports uniform, meets the Defendant’s number and one hour, and sees the face where she is her old. However, the Defendant was able to have sexual intercourse with her and the victim, in order to return her home with the dog that occurs in the event book.

At around 14:25 on the same day, the Defendant: (a) 14:25 on the 3rd floor of the Gumi-si E, the Defendant: (b) 14:25 on the 3rd floor of the Simi-si; (c) 1; (d) 2; (c) 3; (d) 4; (d) 1; (d) 2; (e) 2; (e) 3; (e) 1; (e) 2; (e) 1; (e) 2; (e) 2; (e) 2; (e) 3; (e) 1; (e) 1; (e) 2; (e) 3; (e) 2; (e) 3; (e) 3; (e) 3; (e) 3; (e) 4; (e) 4; (f) 3;

In many times, the act of cutting off has been repeated.

Accordingly, the defendant has sexual intercourse with children aged 13 or older who have weak ability to discern things or make decisions due to mental disability by force.

Summary of Evidence

1. Partial statement of the defendant;

1. A statement made by B in each video recording CD;

1. Statement analysis statement and statement request for appraisal;

1. The report of internal investigation (including the Nos. 3 and 5 of evidence list, each accompanying material), the list of investigative reports 13.