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(영문) 부산지방법원 2013.05.24 2012고합1249
아동ㆍ청소년의성보호에관한법률위반(위계등간음)
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant is between the victim C (Woo, 15 years of age) with intellectual disability 3.

In around 205, the Defendant committed an indecent act against the victim at the end of the Defendant’s home located in Busan Metropolitan City Do Do Do Do Do Do Do Do Do 2005, by beginning with committing an indecent act against the victim, such as gathering the chest of the victim (if the victim is aged eight years at that time) and gathering the fingers, etc., and continuously committing an indecent act against the victim. In particular, from around 2010, the victim took advantage of the fact that from around 2010, the victim was unable to speak the fact of damage due to the victim’s lack of intelligence and failure in home due to the unique characteristics of family relations, and, by taking advantage of the fact that the victim (the age of 12 at that time, the victim is mixed with the width, if he speaks to the baby) and caused the sexual intercourse with him.

1. At around 17:00 on March 2010, the Defendant, at the bottom of the Defendant’s house located in Busan Jin-gu, Busan, the victim (at that time 12 years of age) had sexual intercourse with the victim by reporting that the victim would have sexual intercourse with the victim, by leaving the victim’s clothes for the victim who could not properly resist, and by inserting his sexual organ into the victim’s sound book, and then had sexual intercourse with the victim once.

2. At around 19:00, the Defendant, at the bottom of the Defendant’s house stated in the foregoing paragraph (1) above, had the victim had sexual intercourse once with the victim by advertising that the victim (at that time 13 years of age) was at the bottom of the Defendant’s house on the date 2010, with the mind that the victim would have sexual intercourse with the victim, and by taking advantage of the victim’s side, he did not properly resist as stated in the foregoing paragraph (1).

3. At around 07:00, the Defendant, at the Defendant’s house toilets as stated in the foregoing Paragraph 1 above, had the victim (at that time 15 years of age) enter a cleaning room with a mind that he would have sexual intercourse with the victim, set the toilet door, set a lid, and prevented him from leaving the victim from leaving the door lids with the lids. The Defendant stated in the foregoing Paragraph 1 above.

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