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(영문) 춘천지방법원 2019.03.29 2019고합11
아동ㆍ청소년의성보호에관한법률위반(장애인간음)등
Text

The punishment of the accused shall be eight years of imprisonment.

For the defendant, 40 hours of sexual assault treatment program.

Reasons

Criminal facts

and the facts constituting the cause of the attachment order [criminal facts]

1. No person 19 years of age or older against the Act on the Protection of Children and Juveniles against Sexual Abuse shall have sexual intercourse with a disabled child or juvenile (any disabled person as defined in Article 2 (1) of the Act on Welfare of Persons with Disabilities, who is aged 13 years or older and lacks the ability to discern things or make decisions due to any physical or mental disability);

A. Around the beginning of July 2018, the Defendant and the respondent for an attachment order (hereinafter “Defendant”) committed a crime in the telecom (hereinafter “Defendant”) around the first half of July 2018, the Defendant and the respondent for an attachment order (hereinafter “Defendant”) committed sexual intercourse once with the victim C (a person under the age of 13) who lacks the ability to discern things or make decisions due to the intellectual disability of class 3, which was known through the mobile phone hosting method, at the Mocheon-gun, Gangwon-gun, Macheon-gun, Gangwon-gun, Gangwon-do, and a cadastral disability of class 3, which

B. Around July 2018, the Defendant committed the crime at Defendant’s home around the first half of July 2018, and around the first half of July 2018, the Defendant had sexual intercourse C at the Defendant’s home with the victim C at the Defendant’s home of the Gangseocheon-gun D Apartment E, Gangwon-do.

C. Around July 2018, the Defendant committed the crime at Defendant’s home around the middle of July 2018, and the Defendant had sexual intercourse C at the Defendant’s home once at the Defendant’s house around the middle of July 2018.

The defendant, who is 19 years of age or older and lacks the ability to discern things or make decisions due to disability, has sexual intercourses with children and juveniles under 13 years of age or older over three times.

2. The defendants in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials);

At the date and time, at the place, the victim C, who is a child or juvenile, has sexual intercourse with the victim, taken the victim's body, sound, etc. using a cell phone to produce child or juvenile pornography, and posted the photograph taken of the victim's sound from among the obscene materials taken on the same day to the "F", which is the SNS case of the defendant.

The Defendant produced and distributed child or juvenile pornography.

3. The Defendant is in possession of obscene materials under the Act on the Protection of Children and Juveniles against Sexual Abuse (obscenity) on October 23, 2018.

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