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(영문) 대구지방법원 서부지원 2012.12.06 2012고합346
아동ㆍ청소년의성보호에관한법률위반(강간등)등
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant, who became aware of the Internet hosting site through C (M, 18 years of age, No. 193, Oct. 10, 1993, No. 2 level of intellectual disability) and C (M, No. 13 years of age, and Dec. 1, 1998) had yet been aware that the defendant had no ability to discern things or make decisions on the will of minors, etc., and used it to be able to satisfy his sexual desire.

1. The Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by compulsion) at around 13:10 on January 19, 2012, the Defendant: (a) was on the street behind the latter part of the F Elementary School located in Seogu Seo-gu, Daegu; and (b) was unable to find the said victims at the same time as he/she left the vehicle of his/her G G Aburgnum and arrived at the H below the same Si-Gun.

피고인은 그곳에서 차량 뒷좌석에 앉아 있던 위 피해자들 사이에 앉아 “니 죽을래 ”라고 하면서 말을 듣지 않으면 어떤 위해를 가할 듯이 겁을 주어 반항하지 못하게 한 후 양손으로 피해자 D의 상의를 걷어 올리고 입으로 피해자 D의 가슴을 빨고 핥아 강제로 추행하였다.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape with Persons with Disabilities) committed the above act at the same time and at the same place as the above paragraph (1), and brought D the said act into the front seat of the vehicle, and brought off the clothes of the victim C who was frighting, fright off, and fright off, and fright off the victim C’s chest and fright off, and fright off with fright and frighted the chest.

Although the Defendant continued to put his own sexual organ into the negative part of the victim C after punishing the two legs of the victim C, the victim C resisted against the victim C, i.e., “Ampha”, “Ampha,” and her walking one time at the front seat, etc., and she stopped the conduct of reporting D in the front seat as a cellular phone.

Accordingly, the defendant tried to rape the victim C, who is a disabled person, and attempted to commit rape.

3. The Defendant is on confinement with the mind of rape or indecent act by compulsion of the victims.

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