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(영문) 대구지방법원 포항지원 2018.07.05 2017고합91
아동ㆍ청소년의성보호에관한법률위반(장애인간음)
Text

A defendant shall be punished by imprisonment for four years.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant is a person aged 19 years or older, and the victim E is a person with a intellectual disability in accordance with the provisions of the Welfare of Persons with Disabilities Act.

On October 2016, the Defendant was aware that the first victim was aware of the “F” and continued to communicate with the victim through a cryp marization, and that the victim was significantly lacking in decentralization due to intellectual disorder, and was willing to have sexual intercourse with the victim.

1. On November 2016, 2016, the Defendant: (a) carried the victim’s room at the Heel room located in Southern-gu G at the early port, and went out of the victim’s clothes; and (b) inserted the Defendant’s sexual organ into the victim’s negative part, thereby having sexual intercourse once.

Accordingly, the defendant has sexual intercourse with a disabled child or juvenile.

2. The Defendant, after about one week from the day on which the commission of the crime described in paragraph 1 was committed, carried the victim into the above Hel room and went out of the victim’s clothes, and had sexual intercourse once by inserting the Defendant’s sexual organ into the victim’s negative part.

Accordingly, the defendant has sexual intercourse with a disabled child or juvenile.

3. After about one week from the day on which the Defendant committed the crime set forth in paragraph 2, the Defendant exceeded the clothes of the victim in the room room where the victim resides in Nam-gu I at port, and had sexual intercourse once by inserting the Defendant’s sexual organ into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with a disabled child or juvenile.

Summary of Evidence

1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. A statement or recording record of the victim E contained in the statement recording CD (victim’s statement);

1. Each police statement to J or K;

1. Domestic internal investigation reports (video recording for the victim E), investigation reports (a stenographic record attached to statements made by the victim E), investigation reports (a stenographic record attached to statements made by the victim), together with certificates of disabled persons, etc. of the victim - investigation reports - statement analysis expert opinion attached to statements made by the victim - investigation reports (a confirmation of residence of the victim, attachment of photographs), investigation reports - investigation reports given birth to the victim.

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