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(영문) 서울남부지방법원 2012.12.27 2012고합705
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

The defendant is the father of the victim C (Ilshe, age 17) who was the victim's flshes, and from around 2002, the victim's flshes D and deceased, and resided together with the above D's families, including the victim, in the 3rd E-gu Goyang-gu, Goyang-gu, Goyang-gu, Seoul, with the victim, and the above victim was a second-class disability of the mental body, with the knowledge that the victim's ability to change things

At around 16:00 on May 201, 201, the Defendant discovered the victim who was divingd from the inside of the victim’s residence, and carried the victim’s chests and fluor, carried the victim’s chests and fluor, going back to the victim’s body and continued to leave the victim’s chests and fluor, put two grandchildren into the victim’s body as the part of the victim’s body, talked the victim’s chests and panty, and fluored off the victim’s chests and panty, and fluored off the victim’s chests and panty, but written the increase.

In other words, sexual intercourse with the victim who has been forced to resist due to mental disability by having sexual intercourse with the victim's breath of the horses.

Summary of Evidence

1. Defendant's legal statement;

1. C’s stenographic records;

1. Application of one copy of the welfare card for the disabled to Acts and subordinate statutes;

1. Article 6 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 10567, Apr. 7, 2011; hereinafter the same shall apply), Article 297 of the Criminal Act concerning criminal facts

1. The main sentence of Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 38 (1) 1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is ordered to disclose;

1. Grounds for sentencing under Article 38-2(1)1 and (3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11047, Sep. 15, 201)

1. The scope of applicable sentences: Imprisonment for not less than three years nor more than thirty years;

2. Since the applicable provisions of this case to the scope of recommendations according to the sentencing guidelines were amended on November 17, 201, the guidelines for sex crimes, which were enforced on March 16, 201, were enforced on April 15, 201.

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