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(영문) 광주지방법원 목포지원 2018.04.26 2017고합127
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강간)등
Text

A defendant shall be punished by imprisonment with prison labor for twelve years.

The defendant shall be ordered to complete a sexual assault treatment program for 160 hours.

(e).

Reasons

Punishment of the crime

The defendant is the father of the victim D (n, E, N, G, etc.) and the victim F (n, G, etc.) produced between the wife C (class 1).

Victim D is a person with a disability with a total intelligence index of 31 years of age and 8 years of age and 2 months of age, with intellectual disability that shows a sense of awareness of society in H middle school special classes.

Victim F is a person with a disability with a total intelligence index of 37 years of age and 7 years of age and 8 months of age with intellectual disability, which has a sense of awareness of society in H middle school special classes.

The victims were unable or considerably difficult to resist even if the defendant has sexual intercourse with the victims due to the above relationship and disability with the defendant.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Victims D, violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, and violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Children and Juveniles against Sexual Abuse;

A. The Defendant, at the small place of residence of the Defendant in Ha in 2016, was located in Ha, at the lower place of residence of the Defendant located in Ha in Ha in Hamp-gun, in 2016, left the victim D (hereinafter referred to as 14 years of age) suffering from the victim D’s view; the Defendant met the victim D’s drinking part by hand; the victim D’s knife knife knife knife knife knife knife knife knife knife knif

On the other hand, the victim D had the victim D enter the victim as soon as possible, and placed the victim D on the floor by hand, and even though the victim D continued to do so, the victim D was off the victim D's will and panty, and the victim D's sexual organ listed on the part of the victim D was put in sexual intercourse once by inserting the victim D's sexual organ on the part of the victim D's sexual organ.

Accordingly, the defendant, who is a child-related juvenile, has sexual intercourse with the victim D by taking advantage of the victim D having a state of impossibility to resist due to mental disability.

B. The Defendant on October 2017

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