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(영문) 창원지방법원 통영지원 2014.01.16 2013고합120
아동ㆍ청소년의성보호에관한법률위반(장애인간음)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a person operating D convenience points in C at the time of macroscing, had been aware that the victim E (the victim E, 14 years of age, intellectual disability 2 level) who frequently used the above convenience points while residing in the vicinity of the above convenience point, has a intellectual disability, has weak ability to discern things or make decisions, and has a sense of self-determination, and used it to have sexual intercourse with the victim.

1. On March 2013, the Defendant sent a text message to the victim who passed ahead of the convenience store above the No.M. 2013, and sent the text message to the neighboring restaurant parking lot, provided that the victim scams his room and scams his room to the victim, and went back to the Defendant’s residence located in F in Scam.

In the way, the Defendant: (a) stated the victim’s “influence...... sexual intercourse,” and hym the victim’s head, and (b) took off the clothes; and (c) inserted the Defendant’s sexual organ into the victim’s sound book, and had sexual intercourse once with the victim.

Accordingly, the defendant has sexual intercourse with disabled juveniles.

2. In March 2013, the Defendant: (a) had the victim off clothes; (b) placed the victim’s sexual organ on the floor; and (c) inserted the victim’s sexual organ on the victim’s body into the victim’s sound book once by inserting the victim’s sexual organ on the victim’s body.

Accordingly, the defendant has sexual intercourse with disabled juveniles.

3. The Defendant, at the time of the victim’s residence in G with the date in April 2013, displayed the victim’s dynamic image of a male’s sexual organ, and had the victim prompt, exceeded his/her own sexual organ, exceeded his/her clothes, and put the victim’s sexual organ into the victim’s sound book, thereby having sexual intercourse once.

Accordingly, the defendant has sexual intercourse with disabled juveniles.

4. The defendant is a victim at the domicile of the defendant who is in F in F with the date of April 2013.

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