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(영문) 대구지방법원 상주지원 2014.01.23 2013고합39
아동ㆍ청소년의성보호에관한법률위반(장애인간음)등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

Victims C(A. 17 years old) are persons with intellectual disabilities of 36 intellectual intelligence index and 44 intellectual disabilities of sociality index.

The defendant was aware that the victim was somewhat normal, based on the victim's life, the victim's attitude using bus, etc. who was living in the city without having a school at the time of a normal time, and the victim was aware that the victim had a mental disability from bus passengers.

On December 2, 2012, the Defendant: (a) completed a stop operation at the end of 21:00, and was conducting reorganization at a bus terminal; and (b) discovered a victim who passed the bus, stating, “F Museum (the end of 17:00) seated, slurfed, slurfed, slurfed, and slurfed one time a museum,” the Defendant was aware of the victim’s net failure to have the ability to discern things or make decisions due to mental disorder; and (c) committed indecent act and sexual intercourse with the victim.

1. 피고인은 위 일시경 위와 같이 피해자와 함께 문경시 G에 있는 F박물관까지 가서, 박물관 옆 냇가근처 돌에 피해자와 나란히 앉은 뒤 피해자의 어깨를 감싸듯이 안고 피해자의 상의 속옷 안으로 손을 집어넣어 가슴을 만졌다.

Accordingly, the defendant committed indecent acts against disabled juveniles.

2. At around 19:00 on January 201, 2013, the Defendant: (a) laid the victim, who was frightened in the vicinity of the F Museum near the F Museum, left the Defendant’s vehicle and moved the victim into the museum parking lot; and (b) laid the victim’s chest into the victim’s clothes seated in the front line.

In addition, after the milching of the chief chair, the victim's lower panty and panty were added, and the other defendant's sexual organ listed above the victim's body was inserted into the victim's sound book, thereby having sexual intercourse once.

Accordingly, the defendant is a disabled juvenile.

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