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(영문) 수원지방법원 평택지원 2016.02.17 2015고합144
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 E (the age of 16) is a juvenile with the intelligence index between 35 and 49, who has extremely weak ability to discern things or make decisions due to the lack of understanding of situations, such as direction and number, as a person with a disability of class 2 of intellectual disability under Article 2 (1) of the Welfare of Persons with Disabilities Act, as a person with disabilities with intellectual disability under Article 2 (1) of the Welfare of Persons with Disabilities Act.

On May 2015, the Defendant came to know about the second floor of the stairs of the building that had F and A 303 units of the Defendant’s house. From around that time, the Defendant became aware of the victim’s intellectual level in the process of communicating the victim with the victim by finding several times in the Defendant’s house.

1. Around June 2015, the Defendant, in violation of the Act on the Protection of Children’s Juveniles against Sexual Abuse (Sexual Intercourse with disabled persons), shown images that he/she saw from the victim at the Defendant’s home, set up both descendants of the victim, exempted the victim from the clothes of the victim, put the victim in kis, put the Defendant in inside the victim’s clothes, and inserted the Defendant’s sexual organ into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with a juvenile with a disability who has lost the ability to discern things or make decisions due to mental disability.

2. On July 20, 2015, the Defendant violated the Act on the Protection of Children’s Juveniles against Sexual Abuse (Indecent Acts against Persons with Disabilities) put the Defendant into the Defendant’s house at the seat of the Defendant and put him/her in the Defendant’s house at the event below the Victim’s Ga in the event of Matern G G Gyeong in the event of Maternology.

Accordingly, the defendant committed an indecent act against the victim, who is a juvenile with a disability having weak ability to discern things or make decisions due to mental disability.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Entry of stenographic records made by a victim in the preparation of the H;

1. Investigative report by police (with respect to photographs of crime scene), recording and video (including photographs attached thereto);

1. Statement of his written opinion written in I; and

1. A copy of the welfare card in preparation of the Gyeonggi-do safe market (Evidence record);

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