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(영문) 의정부지방법원 고양지원 2013.04.12 2013고합36
아동ㆍ청소년의성보호에관한법률위반(장애인간음)등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The Defendant is a person working as a community bus driver under C, and the victim D (the age of 16) is a disabled person with intellectual disability with lack of ability to discern things or make decisions due to physical or mental disability. On July 2012, 201, the Defendant was a person who was employed as a community bus driver under C, and the victim D (the age of 16) is a disabled person with lack of ability to discern things or make decisions due to mental or physical disability.

1. On January 27, 2013, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts against Persons with Disabilities) was aware of the fact that the victim was a disabled person by presenting a welfare card for the disabled and being exempted from the fee to the village bus operated by the Defendant by the victim and his/her mother-child G as a customer.

The Defendant, until the completion of the operation of the village bus, entered the said village bus in the garage by the victim’s mother and female remaining in the bus, and subsequently caused the victim’s mother and female to drink boomed with boomed and sing together with the meal and singing at the singing room. The Defendant became also to the victim’s house located in Gyeyang-gu, Gyeyang-gu.

At around 03:00 on January 28, 2013, the Defendant, at the victim’s house, covered and accumulated with the victim’s sexual intercourses with the Defendant, was exempted from his own flaps and clothes, and the Defendant also tried to add the Defendant’s sexual organ into the part of the victim’s flaps, but the Defendant committed an indecent act on the part of the victim’s buckbucks without inserting too much interest and inserting it into the part of the victim’s flaps.

2. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

A. On January 28, 2013, the Defendant had sexual intercourse around 06:00 on January 28, 2013, at the victim’s home around 06:00 on January 28, 2013, the Defendant was out of his/her own blaps and clothes, and the Defendant was out of his/her blaps and clothes, and the Defendant was out of his/her body and her part of the body.

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