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(영문) 대전지방법원 2020.08.14 2020고합132
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등
Text

A defendant shall be punished by imprisonment for six years.

Disclosure and notification of information on the accused for five years.

For the defendant.

Reasons

Criminal facts

The facts as to the cause of the request for attachment order [criminal records] The defendant and the person subject to the request for attachment order (hereinafter referred to as "defendants") shall be sentenced to a suspended sentence of three years for a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age) in the Changwon District Court¡¯s branch on December 18, 2014. On November 22, 2017, the court sentenced eight months of imprisonment for special injury, etc. to the same court, which was pending in the trial of the court of final appeal on July 21, 2018 and were released as a decision of revocation of detention on September 11, 2018 and completed the execution of the sentence on the same day, and the suspended sentence becomes null and void and is currently under execution.

【Criminal Facts】

Around October 2018, the Defendant came to know through the Victim B (Inn, 21 years of age, intellectual disability 2 level) and Facebook.

1. On November 25, 2018, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (compreting of Persons with Disabilities, Fraudulent Means, etc.) and inserted the Defendant’s sexual organ into the part of the victim’s sound, after having her spanty off the victim’s spanty and panty, who had any mental disability that can take up any cre in a soup and soup spande room, without knowledge of the trade name in the front district of the member of Ansan-si, Ansan-si.

Accordingly, the defendant has sexual intercourse with the victim who has a mental disability by force.

2. No person who violates the Act on the Protection and Support of Missing Children, etc. shall protect such missing children, etc. without filing a report thereon with the head of a police agency without justifiable grounds, who is deserted from their guardians;

Nevertheless, the Defendant’s statement on November 25, 2018 at the Ansan bus terminal located in Ansan-si, Ansan-si is apparent that this part of the indictment for intellectually disabled persons is a clerical error due to mistake. Thus, the Defendant’s correction ex officio is made.

With knowledge that a victim leaves the family and deserts from his parent who is a guardian, the victim shall be a victim without reporting it to the chief of a police office without justifiable grounds.

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