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(영문) 부산지방법원 2016.02.17 2015고합539
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

The defendant is an adult male of 28 years of age, and the victim C (the age of 17) is a disabled child or juvenile with intellectual disability of 3 years of age who attends a special school located in Busan Metropolitan City captain-gun D Special School.

1. On February 22, 2015, the Defendant, who violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts against Persons with Disabilities), is to grant taxi expenses to the victim while holding with the victim via the Internet “E” website.

On the other hand, the injured person was aware that the injured person was a disabled person and was a child or juvenile, and the injured person was living in his/her place of residence, even though he/she was aware that the injured person was a disabled person and was a child or juvenile.

On February 22, 2015, around 14:07, the Defendant committed an indecent act by making two times the chests of his own victim in the elevator of a building where the Defendant’s residence in Busan Dong-gu G is located.

Accordingly, the defendant, who is a person 19 years of age or older, committed an indecent act on disabled children or juveniles.

2. On February 22, 2015, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Sexual Intercourse with the disabled) was at the place of residence of the above Defendant from around 14:07 to around 14:38, such as paragraph (1), while recognizing that the victimized person is a disabled child or juvenile, another victim who was enrolled on the part of the victim who was in contact with him/her does not refuse to do so.

In spite of the declaration of intention to do so, "the victim's will and panty shall be exempted, and it shall be 50,000 computers with defects."

The phrase "after the victim made sexual intercourse by inserting his or her sexual organ into the victim's sexual organ."

Accordingly, the defendant, who is a person of 19 years of age or older, has sexual intercourse with disabled children or juveniles.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement recorded in each video CD (a list Nos. 1, 28 of evidence);

1. Application of Acts and subordinate statutes to each investigation report (the list Nos. 7, 9, 13)

1. The relevant Article of the Act and children and juveniles selected to commit the crime;

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