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(영문) 창원지방법원 거창지원 2015.04.23 2015고합8
아동ㆍ청소년의성보호에관한법률위반(위계등간음)
Text

A defendant shall be punished by imprisonment for six years.

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

Reasons

Punishment of the crime

The Defendant, as a relative of the victim C (at the age of 16), who is a child or juvenile with a intellectual disability 2nd degree, flickly flickly flickly and frequently abused and assaulted the victim and other family members. The Defendant was willing to have sexual intercourse with the victim by taking advantage of the fact that the victim flickly flickly flickly flickly flickly fl

On July 5, 2014, the Defendant sent a key to the victim, stating that the Defendant would have the victim go with E sperm located in Sc. S. S. S. D and would have the victim experience of her gender with the victim.

After that, the defendant tried to keep the victim's negative part of the victim, and even though the victim refused to do so, the victim continued to be lying the victim on the container near the sperm, and exceeded his/her panty and added his/her panty to the sound part of the victim several times.

Accordingly, the defendant has sexual intercourse with the victim who is a child or juvenile by force.

Summary of Evidence

1. Defendant's legal statement;

1. A victim’s statement video CD;

1. A medical certificate with a victim's hospital, a medical certificate with a father of a victim and a medical certificate;

1. Application of Acts and subordinate statutes to report internal investigation (the original statement of a victim's self-written statement), investigation report (Attachment to places of damage, medication, etc., such as photographs and degree of medication, skin drugs, confirmation of the place of damage, and attachment to certificates of persons with disabilities

1. Article 7 (5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, concerning the relevant criminal facts and the choice of punishment;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which has no record of criminal punishment against sex crimes, and the criminal tendency against many unspecified victims solely with the instant crime.

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