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(영문) 광주지방법원 2015.04.08 2015고단188
아동ㆍ청소년의성보호에관한법률위반(장애인추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The victims C(Y, 17 years old) are juveniles with intellectual disabilities in the middle of the I Q 49 and the Social Index(S Q 43 years old: 7 years old and 6 months).

On the front side of the Do apartment in Gwangju Mine-gu where the victim lives, the defendant has been considered as the victim for about one year as a person engaged in burgic funeral using the burg truck in each week, so the victim was well aware that the juvenile was a burgic disorder.

On August 21, 2014, at around 22:00, the Defendant completed the Taekwondo Private Teaching Institute in front of the apartment, and went back to the front line of the Defendant’s Epoter truck and the human resources in the vicinity of the above apartment were to go back to the front line of the instant apartment.

피고인은 위 트럭 안에서 조수석에 앉아 있던 피해자의 도복 상의를 위로 올려 손으로 피해자의 가슴을 만지고 입으로 가슴을 빤 후, 피해자의 바지 안에 손을 넣어 음부를 만졌다.

In addition, the defendant issued the victim's name as soon as possible while driving the victim's sex, and let the victim take the head of the victim and enter the victim's sex towards his/her own sex, thereby making the victim prompt the victim's sex.

As a result, the defendant committed an indecent act against the victim who is a juvenile with a disability having weak ability to discern things or make decisions due to mental disability.

Summary of Evidence

1. Defendant's legal statement;

1. Investigative report (to attach stenographic records of interviews with victims);

1. stenographic records of each Gwangju saw Support Center;

1. Application of Acts and subordinate statutes of a psychological evaluation report;

1. Article 8 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse against Crimes;

1. Imprisonment with prison labor chosen;

1. Where a conviction on a sex offense subject to registration of personal information under Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive, the Defendant becomes 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 is accordingly Article 43

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