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(영문) 대전지방법원 천안지원 2014.01.15 2013고합261
아동ㆍ청소년의성보호에관한법률위반(장애인추행)
Text

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

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

Defendant

In addition, the applicant for attachment order (hereinafter referred to as the "defendant") is a person who resides in Dong-gu, Dong-gu, Dong-gu, and the victim D (the victim's age 16) is a person who resides in his/her parent in his/her residence with his/her parents as a monthly disability in the third degree of intellectual disability.

1. On September 2013, the Defendant found the victim in the middle and middle Sups of Sep. 2013, the indecent act committed an indecent act by committing an indecent act. On September 2013, 2013, the Defendant found the victim at the above residence, took the victim into the stairs of the second floor entrance, putting the victim in hand with the victim’s clothes, and committed an indecent act.

2. On October 2013, the Defendant found the victim in the above residence around 20:0 on October 3, 2013, and took the victim into the stairs of the second floor entrance, and the victim refuses to do so, despite the refusal to do so, the Defendant committed an indecent act by inserting her hand with the victim’s clothes and her chest and drinking part in the victim’s chest.

Summary of Evidence

1. Defendant's legal statement;

1. The statement image of D police statements or CDs;

1. Statement of E;

1. Entry of the autopsy report on occurrence of the case, certificate of the disabled, and written opinion of the sexual assault case against the disabled;

1. Application of each of the visual Acts and subordinate statutes to field photographs;

1. Article 8 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, each of the relevant Articles of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Selection of Punishment;

1. Of concurrent crimes, the aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (an aggravated punishment for concurrent crimes as provided for in paragraph (2) of the same Article with heavier judgment of the court for concurrent crimes);

1. Where a conviction becomes final and conclusive on the facts constituting a crime indicated in the judgment on the registration of personal information under Article 21 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information

The exemption from disclosure orders and notification orders shall be on the punishment of sexual crimes.

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