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(영문) 대구지방법원 2018.08.17 2018고합202
아동ㆍ청소년의성보호에관한법률위반(장애인추행)등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

In addition, the person who requested an attachment order (hereinafter referred to as the "defendant") is a person who works as an electrical engineer at the management office of the apartment B in Gyeongsan-si.

On April 2017, when the Defendant came to know that there was a mental disorder to the apartment management office of the victim C (at the time, 17 years of age and 3 years of intellectual disability) who was bullyingd from Dongeeea, and the victim was aware that there was a mental disorder to the victim, the Defendant got the victim to wear a food every time the victim was playing at the management office, and had him to wear a sense by giving money.

1. On August 2017, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts against Persons with Disabilities) committed a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts against Persons with Disabilities), around August 2017, on the clothes of the victim (the age of 17 years at that time) playing therein at the said apartment management office.

Accordingly, the defendant committed an indecent act against the victim, who is a disabled child or juvenile with weak capacity to discern things or make decisions due to a physical or mental disability.

2. On September 9, 2017, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts by Persons with Disabilities) around September 15, 2017, at the management office of the above apartment building around September 15, 2017, posted the victim (the age of 18 at that time) who was playing therein, walked the victim’s chest with his/her hand, and her chestd with him/her.

Accordingly, the defendant committed an indecent act against the victim, who is a disabled child or juvenile with weak capacity to discern things or make decisions due to a physical or mental disability.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records, a mail, or a picture;

1. A certificate of persons with disabilities and a certificate of disability;

1. The attendance book, photograph of the place of crime, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (based on the results of gene assessment of a suspect oral extraction cell);

1. Article 8 (2) of the Act on the Protection of Children and Juveniles from Sexual Abuse, which provides for the relevant legal provisions and the choice of punishment for the crime, and Article 8 of the same Act;

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act, which provides for aggravated concurrent crimes (a heavier punishment).

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