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(영문) 서울중앙지방법원 2012.12.27 2012고합1556
아동ㆍ청소년의성보호에관한법률위반(장애인간음)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

Around August 17, 2012, the Defendant was 35 years of age, and the Defendant was able to use C and her friendship victim D (Woo, 16 years of age, intellectual disability 3 level) to a F beach near the home of the Defendant in the Hacheon-gun, Chungcheongnam-gun, Chungcheongnam-do, by stating that “A taxi is provided, and a place where she would be able to give a taxi fee,” and that the Defendant was able to use C and her friendship victim D (Woo, 16 years of age, intellectual disability 3 level).

After the Defendant’s dialogues between the victim and C at No. 101 of the Defendant’s house in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and came to know that the victim’s ability to discern things or make decisions has deteriorated, the Defendant was willing to have sexual intercourse after childbirth with the victim by speaking the victim as a dead person, etc.

At around 01:00 on August 18, 2012, the Defendant: (a) sent the victim a diversb to a passenger car; (b) sent the victim’s diversity to the diversing road of the Taecheon-gun, Taecheon-gun; (c) exempted the victim’s upper and lower parts from the victim’s panty; and (d) got the victim out of the victim’s panty, and had the victim sexual intercourse once by inserting his sexual organ into the part of the victim’s sound.

At around 03:00 on the same day, the Defendant had sexual intercourse with the victim one time from the bed and from the original floor of the window, one time in the manner of inserting his sexual organ into the part of the victim's sound, and inserting his own sexual organ into the part of his own sound.

At around 18:00 on the same day, the Defendant had sexual intercourse with the victim once in the above manner at his house.

At around 19:00 on August 19, 2012, the Defendant: (a) had the victim make the victim save with save, even though the victim was living in his house, and then inserted the sexual organ into a sound book thereafter, and (b) had the victim make the victim saved with the 'A’ and then inserted the sexual organ into a sound book one time, thereby having sexual intercourse with each other.

As a result, the defendant has sexual intercourses with the victim over 13 years of age, who is a juvenile under 13 years of age or lacks ability to discern things or make decisions due to mental disability, on a total of

(i) the evidence;

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