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(영문) 창원지방법원 통영지원 2013.12.12 2013고합86
아동ㆍ청소년의성보호에관한법률위반(장애인간음)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall complete 80 hours of sexual assault treatment program.

Reasons

Punishment of the crime

The defendant was living in the same Dong and the victim C (at 16 years of age, brain disease 2 years of age, intellectual disability) who is in close relation with the defendant's father with the defendant's father, knew that mental disability lacks the ability to discern things and make decisions, and had sexual intercourse with the defendant's father.

On June 27, 2013, the Defendant: (a) in the Defendant’s residence located in S.S. M.D around Gyeongnam-gun, the Defendant: (b) confirmed the Defendant’s her husband’s fright to drink with his her her son; (c) found the Defendant’s her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’

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

Summary of Evidence

1. Legal statement of witness E;

1. Each prosecutor's protocol of examination of the accused;

1. Video-recording CDs;

1. Investigative intelligence reports, internal investigation reports, internal investigation reports, and internal investigation reports (Attachment of certificates of persons with disabilities and certificates of diagnosis of disabilities, classification of persons with disabilities and attachment of disability grade table, attachment of photographs at damaged sites, attachment of copies of the sending of the case, and attachment of photographs submitted to victims);

1. Investigation report (Analysis of details of the suspect's currency, and photographic documents submitted by the victim), investigation report (Attachment to the suspect's attendance book);

1. An expert opinion, etc.;

1. A certificate of persons with disabilities and a medical certificate of each disability;

1. Application of the Acts and subordinate statutes governing counseling days;

1. Article 8 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction becomes final and conclusive on the instant criminal facts against the Defendant who has registered personal information under Articles 49(1)1 and 50(1)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused shall obtain personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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