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(영문) 광주지방법원 순천지원 2017.03.16 2016고합278
미성년자의제강간등
Text

A defendant shall be punished by imprisonment for a term of eight years and a fine of thirty million won.

If the defendant does not pay the above fine, 100.

Reasons

Criminal facts

On April 29, 2015, the defendant and the respondent for an attachment order (hereinafter referred to as "defendant") were sentenced to four months of imprisonment with labor for a violation of road traffic law (unlicensed driving) in the Gwangju District Court's Macheon Branch on April 29, 2015, and completed the execution of the sentence on August 2, 2015.

[2] The victim C (M, 203, 12 years old or 13 years old at the time of damage) is a disabled person of Grade II with intellectual disability with intelligence index between 35 and less than 50, and the victim D (M, 2005, 10 years old at the time of damage) is a disabled person of Grade III with intellectual disability with intelligence index between 50 and less than 70.

The defendant, as the relative of the victims, maintained the relationship between the victims' friendship and the internal relationship for not less than ten years from September 2015, and the victims and the victims frequently met with each other due to the above disability and lack of understanding of the situation, such as direction, number, etc., were aware that they were in extremely weak state of ability to change things or make decisions, and used them to have sexual intercourses or commit indecent acts with the victims.

1. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

가. 2016. 1. 7. 경 범행 피고인은 2016. 1. 7. 경 광양시 E 아파트에 있는 피고인의 집에서, 당일 광양시에 있는 F 앞에서 만 나 데리고 온 피해자 C(13 세 )에게 다가가 옷을 벗으라고 하여 피해자가 옷을 모두 벗고 침대에 눕자 자신도 옷을 모두 벗고 피해자 옆에 누워 피해자의 가슴과 배, 음부를 손으로 만진 다음 피해자의 음부를 혀로 핥고, 손가락을 피해자의 음부에 집어넣었다.

Accordingly, the defendant committed an indecent act against the disabled child or juvenile victim.

B. On January 8, 2016, the Defendant: (a) around January 8, 2016, at the places indicated in the preceding port; (b) at the victim C (13) located in a large room; (c) placed on the bed; (d) placed him/her on the bed; and (d) placed him/her on the bed; and (d) placed him/her on the bed back to him/her; and (e) placed him/her on the bed part of the victim as clothes.

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