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(영문) 대전지방법원 서산지원 2014.08.07 2014고합54
아동ㆍ청소년의성보호에관한법률위반(장애인간음)
Text

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

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 5, 2011, the Defendant was married with C (V, 24 years old) and became a child of 1 South and North Korea on August 12, 201, and was living with D (V, 17 years old) and became a victim E (V, 14 years old) who is a disabled person of Grade III with intellectual disability while living with D (V, 17 years old).

As of October 27, 2013, the Defendant: (a) was off the victim’s panty and inserted his panty in a sound book; (b) had sexual intercourse once between October 27, 2013 and 24:00, the Defendant had sexual intercourse with the victim by inserting the panty of the victim and inserting the panty in a sound book; and (c) had sexual intercourse once with the victim by inserting the fudio 207, the Defendant’s residence from October 27, 2013 to 24:0.

Accordingly, the defendant, who is 19 years of age or older, has sexual intercourse with a disabled child or juvenile who lacks the ability to discern things or make decisions.

Summary of Evidence

1. Partial statement of the defendant (the fact that he has sexual intercourse as stated in the judgment with the victim is the same as the crime);

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

1. Partial statement of each police suspect interrogation protocol against the defendant;

1. Each police statement of the E, G, H, I, J, K, and L;

1. Investigation reports (in relation to data related to victims ofM middle schools, consultation with N organizations and telephone conversations, and accompanying copies of documentary and involvement records);

1. Expert opinion, and written opinion of sexual assault case against each disabled person;

1. A certificate of a disabled person, a certificate of disability, a copy of medical records, and a psychological evaluation report;

1. Counseling day for persons eligible for special education;

1. Recording notes;

1. Application of each statement recording CD-related statute;

1. Article 8 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against the relevant criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to concurrent crimes resulting from the crimes stipulated in the Act on the Protection of Children and Juveniles against Sexual Abuse (compacting with Disabilities), which are committed on or around October 2013 when the penalty is more severe;

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.

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