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(영문) 의정부지방법원 고양지원 2016.05.13 2016고합22

아동ㆍ청소년의성보호에관한법률위반(장애인추행)등

Text

A defendant shall be punished by imprisonment for nine years.

The defendant shall complete a sexual assault treatment program for 120 hours against the defendant.

Reasons

Punishment of the crime

1. On February 4, 2016, the Defendant committed a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts against Persons with Disabilities) at the center of Soyang-gu, Soyang-gu, one’s own residence on the 19:30 on February 4, 2016, at the victim D ( South, 14 years old), who resides in the above-mentioned floor, and the victim E (the victim E (the 12 years old), who is the birth of the victim D, will be frighten, and the victims will be able to commit an indecent act by force.

“ and to enter one’s house No. B02.

The Defendant: (a) laid off her clothes from the victim D; and (b) took the victim D’s sexual organ one time by hand.

As a result, the Defendant committed an indecent act against the victim D who lacks the ability to discern things or make decisions due to intellectual disability.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force against a minor under the age of 13) the defendant continues to be able to look at the victim E in paragraph (1) B02, and whether the victim E “the chests are taken off;

100,000 won means "I will take 100,000 won," and the victim E attempted to commit an indecent act by inserting the finger in the vicinity of the victim E, but the victim E attempted to commit an indecent act.

Accordingly, the defendant attempted to commit an indecent act by force against the victim E under 13 years of age.

3. Around February 21, 2016, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (livering between minors under the age of 13 and deceptive schemes, etc.) entered the house of victims on the third floor of the 3th floor as stated in paragraph (1) by saying, around February 4, 2016, the Defendant: (a) committed rape to the victim E; and (b) called, “a person who was enrolled together with the house” to the victims.

피고인은 그 무렵 위 3 층 피해자 E의 방에서, 피해자 E에게 “ 가슴을 보여 달라” 고 요구하였으나 피해자 E가 “ 싫다” 고 하자, “ 나는 해병대를 나왔다, 셋을 세겠다, 옷을 다 벗어 라 ”라고 말하여 피해자 E의 반항을 억압한 후, 옷을 다 벗은 피해자 E의 가슴을 핥고 피해자 E를 2회 간음하여 강간하고, 계속해서 위와 같이 반항이 억압된...