(영문) 서울중앙지방법원 2012.10.26 2012고합799

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(영문) 서울중앙지방법원 2012.10.26 2012고합799

아동ㆍ청소년의성보호에관한법률위반(장애인간음)

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The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant had become aware of the victim C (the age of 14 at that time) who was the second year of a middle school through the Internet “tok-do” hosting before two years ago, and had sexual intercourse with the victim only once.

After that, the defendant knew that the victim was in contact with the victim without contact, and he was in contact with the victim at Grade 3 of the intellectual disability, with the judgment of below the total intelligence of 45 and below, with low communication capacity of intentions, and with the tendency to follow the direction of the victim without the boundary of a beer, he thought the victim to meet sexual desire, and searched the victim's Internet beer and searched the victim's Internet beer to report "............" The defendant agreed to do so with the victim who made the contact.

At around 21:30 on April 3, 2012, the Defendant: (a) called the victim(s) in the Seoul Special Metropolitan City D.D. E. E., Seoul Special Metropolitan City, Nowon-gu, the Defendant was able to keep the victim(s) back to the Rab; and (b) operated the vehicle on the F. K.5 vehicle that he operates, the Defendant was able to keep the victim's chest and pande the victim's finger into the panty.

At around 22:00 on the same day, the Defendant parked a vehicle in the fourth place near G, moved the vehicle to the back seat of the victim, cut off the part of the victim, and cut off the part of the defendant, let the sexual flag boom the victim so that the victim can come up and immediately go up with the victim, and added the fingers into the sound part of the victim, and had the defendant have sexual intercourse by inserting the victim's sexual organ into the part of the victim.

Accordingly, 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 mental disorders.

2. The fact that the defendant had sexual intercourse with the victim at the time and place stated in the facts charged, but the defendant was unaware of the mental disability of the victim.

3. Determination

A. A. The relevant legal doctrine is to children and juveniles with disabilities with one disability.

유사 판례

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