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(영문) 대구지방법원 김천지원 2017.12.12 2017고합75
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등
Text

The punishment of the accused shall be ten years of imprisonment.

To the defendant, a sexual assault treatment program for 120 hours is provided.

Reasons

Criminal facts

The defendant was a part of the victim C(M, Jun. 2, 2001) with intellectual disability 3.

The Defendant, while under the influence of ordinary alcohol, fluencing the victim’s sexual intercourse by assaulting the victim’s early appearance or bruting the victim’s large interest, committed an indecent act or sexual intercourse with the victim using the following: (a) the victim was fluencing the victim’s sexual intercourse; (b) the victim did not properly express his intention of refusal due to intellectual disability and age; and (c) there was no person seeking assistance from the surrounding area of 3rd degree of intellectual disability.

1. Around 209, the Defendant violated the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (Rape, etc. of Minors under the age of 13) reported the Defendant’s home located in Sinposi-gun E, Ma, the victim (the age of 8 at that time) was able to do so for himself/herself, and told the victim who refused to do so promptly by inserting his/her hand into the lower part of the victim himself/herself.

Accordingly, the Defendant committed indecent act against the victim under 13 years of age by force.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (only between the minors under the age of 13 and the deceptive scheme, etc.) committed sexual intercourse with the victim, who was under the age of 101 Dong and 604 at around March 2013, when the victim was under the age of 11, who was under the age of 11, reported the victim who was under the age of 11, who was under the age of 11, was able to take the victim's hand, put the victim into the defendant's clothes, put the victim's clothes into the defendant's clothes, and let the victim keep the victim's sexual organ, "I am, I am, I am," and refused to take the victim's kneep from the lock, but forced the victim's clothes and clothes.

Accordingly, the defendant had sexual intercourse with the victim under 13 years of age by force.

3. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (e.g. between disabled persons);

A. On May 2015, the Defendant: (a) around May 2015, the Defendant: (b) around May 2015, in a mutual influence in the Dong-si, Seoul; and (c) the victim (as at the time, 13 years of age) does not refuse to leave a school.

I will see that it depends on what is.

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