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(영문) 인천지방법원 2015.09.18 2015고합366
아동ㆍ청소년의성보호에관한법률위반(준강간등)등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The defendant was between the public interest service personnel and the victim C (Inn, 13 years of age) who is a child or juvenile and the defendant was living together.

1. On April 18, 2015, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (rape-rape) committed sexual intercourse by inserting the Defendant’s sexual organ into a part of the sound book one time by inserting the Defendant’s residence, E apartment 102 and 405, which is the Defendant’s residence in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, with the Defendant’s parents as drinking time, with the Defendant’s travel between the Defendant’s travel. The Defendant purchased the two branches of small liquor and beer, etc., with the Defendant’s purchase of the two parallels of small liquor and beer, and then drinking together with the Defendant’s purchase of the two additional soldiers, and then drinking, the Defendant had sexual intercourse by inserting the Defendant’s sexual organ one time.

Accordingly, the defendant has sexual intercourse with a child or juvenile by taking advantage of the victim's mental or physical disability or non-performance.

2. The Defendant: (a) inserted the Defendant’s sexual organ into the victim’s sexual organ at the same time, place as in the preceding paragraph, and as in the preceding paragraph; (b) exceeded the part of the Defendant’s sexual organ surgery; and (c) her sexual intercourse was prevented; and (d) the Defendant continued not to have sexual organ in order to carry out self-defense in a way that she was her sexual intercourse with the victim; and (c) continued to her sexual organ in a way that she was able to carry out the act of self-defense, the Defendant put the Defendant’s sexual organ into the victim’s sexual organ; and (d) sealed the victim’s sexual organ more than twice.

As a result, the defendant committed similar acts by using the state of mental disorder or non-performance of the victim who is a child or juvenile.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. An expert opinion on sexual assault incidents against children with disabilities;

1. Application of the statutes governing the intensity of the victim's site;

1. Article 7(4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 299 of the Criminal Act; Article 7(4) and (2)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 299 of the Criminal Act.

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