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(영문) 부산지방법원 2020.01.31 2019고합609
아동ㆍ청소년의성보호에관한법률위반(장애인간음)
Text

A defendant shall be punished by imprisonment for three years.

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

In 2017, the Defendant came to know of the Victim C (Gain, 2004 students) through B hosting around the end of 2017, and around September 2018, the Victim C was introduced as a victim D (Gain, 2004 students).

The victims are disabled persons who have received the third grade judgment of intellectual disability (intelligent Index 61-64 degree), and have weak ability to make decisions due to mental disability.

1. Crime committed against the victim D;

A. On September 10 to October 2018, the Defendant exchanged B-rating with the victim, and 12:00 to 14:00 on September 10, 2018, the Defendant went to the “F” Hambbb in Busan Jin-gu E.

Although the Defendant became aware that the victim was incapable of making a decision due to the above intellectual disability, he/she has sexual intercourse, such as putting off the clothes of the victim, booming the body of the victim, and inserting his/her sexual organ into the sexual organ of the victim;

B. From October 2018 to November 201, 2018, contact the victim with the victim at the same time, contacted with the victim at the same time, followed the victim’s “H” studio-ro in Busan Jung-gu, and sexual intercourse with the victim in the above manner:

C. From November to December 12, 2018 to contact the victim with the same method at around 18:00 to 19:00 on the date, the victim met with the victim, and then the victim was in sexual intercourse with the victim by the above method.

As a result, the defendant has sexual intercourse with the victim who is a child or juvenile with weak ability to discern things or make decisions due to intellectual disability 3rd grade.

2. Criminal facts against Victim C;

A. The Defendant exchanges and exchanges B-rating with the victim, and, around 10:00 to 11:00 on the date of December 2018, 201, the victim was sexual intercourse with the victim in the manner described in the following Paragraph (1), with the victim’s studio P.C. at around 10:0 to 11:00 on the date:

B. On January 1, 2019, at around 13:00,00 to 14:00, the victim contacted with the victim by the same method and the Busan Central District following the call of the victim.

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