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(영문) 광주지방법원 목포지원 2017.02.16 2016고합118
아동ㆍ청소년의성보호에관한법률위반(장애인추행)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On October 4, 2016, the Defendant violated the Act on the Protection of Children’s Juveniles from Sexual Abuse (Indecent Acts against Persons with Disabilities) committed an indecent act with the victim D, who was in a 2nd degree of intellectual disability following the Defendant’s residence in Mapopo-si C, with the victim D, with the victim D, with a view to committing an indecent act by using the victim’s failure to resist due to intellectual disability. The victim induced the victim to have his/her face on his/her face with his/her face, and led the victim to have his/her face on his/her face, and then, the victim’s neck was hicked with his/her face, and the victim’s sexual organ was hicked with his/her face with his/her face and panty.

Accordingly, the defendant committed indecent acts against disabled children.

2. On October 5, 2016, the Defendant reported the victim D's 112 on the grounds that the victim D reported on October 5, 2016, around 09:25, around 09:25, in the Defendant's residence, such as paragraph (1) of the same paragraph, on the ground that he reported the victim D's 112 for the same reason as paragraph (1).

Accordingly, the defendant committed violence to the victim for the purpose of retaliation against the provision of investigation proviso in relation to his criminal case.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A certificate of the disabled, a certificate of the handling of the reported case, a certificate of the disability, and a report on the psychological evaluation;

1. Application of this Act and subordinate statutes to a photograph of a photograph or a photograph of telephone conversations conversations with the suspect's cell phone at the time of reporting;

1. Article 8 (2) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse (the occupation of indecent acts against disabled juveniles and the choice of imprisonment with prison labor), Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 260 (1) of the Criminal Act concerning the crime, and Article 260 (1) of the Criminal Act;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the sum of the long-term punishments of the above two crimes) shall be aggravated for concurrent crimes resulting from a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier;

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