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(영문) 부산지방법원 2017.03.17 2016고합744
아동ㆍ청소년의성보호에관한법률위반(장애인간음)
Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

(e).

Reasons

Punishment of the crime

The defendant is the father of the victim C (16 years of age, women), and the victim is the disabled of the third grade of intellectual disability who is attending the first year of a special class.

The defendant, as a matter of recognition ability, is unable to have a normal social relationship with the victim, and is suffering from intellectual disability accompanied by a lower intelligence compared to children, has weak ability to discern things or make decisions, and has continuously sexual intercourse with the victim with the victim at the small room of his own house located in Busan Y-gu and Busan Do, and 2, since around 2015, the defendant formed a pet relationship with his own house in an inferior family environment, such as receiving frequent hospitalization treatment by the victim with the same intellectual disability.

1. The Defendant: (a) July 2016; or (b)

8. Within the first radius, the victim’s body who was placed adjacent to the victim’s body and inserted his or her sexual organ into the victim’s sound book, thereby having sexual intercourse with the disabled child and juvenile.

2. The defendant has committed the same harm;

9. 1. 21:00 to 22:00, at the same place, the parent-child of the victim was suffering from acute acute dystrophy, and the parent-child of the victim was hospitalized in E hospital and became at the time of treatment, and the victim was sexual intercourse once with the disabled child or juvenile under the same method.

3. The defendant has committed the same harm.

9. 2. 2. 21:00 to 22:00, at the same place, the mother of the victim, such as paragraph 2, had sexual intercourse with the victim, who is a disabled child or juvenile, under the same method, with the victim’s mother being hospitalized.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the F and G police statements;

1. Recording records of the statement of reference witness H;

1. A criminal investigation report (Cinematographic recording, No. 7 times a patrol time for the victim), video-recording CDs, recording records of the statement (one time);

1. Investigation report (written report, No. 21) and each statement assistant report;

1. An investigation report (on the spot survey, No. 26 times a patrol time), photographs of dwelling;

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