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(영문) 대전지방법원 2019.10.25 2019고합81
아동ㆍ청소년의성보호에관한법률위반(장애인간음)등
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

Around May 2018, the Defendant: (a) around 15th of May 2018, the victim D, who was a half line of his or her daughter C, who was attending the Study Team of the High School, was married to the Defendant’s house; (b) accessed the victim and started teaching programs with the victim on or around the 15th of the same month; and (c) from the early police officer on June 2018, the Defendant lived with the victim at the Defendant’s house located in Chungcheongnam-gun Budget Group E.

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

A. From July 19, 2018 to August 13, 2018, the Defendant committed an indecent act against the victim, who was a juvenile of Grade III with intellectual disability, who had been unable to discern things or make decisions due to mental disorder due to the victim’s sexual organ and chest as soon as possible, while the Defendant was frightd with the victim at the defendant’s house, the victim reported on television in the room C covered with this fright, and attempted to get off the victim’s clothes and put the Defendant’s sexual organ into the part of the victim’s sound, and fright up the victim’s sexual organ, and the Defendant committed an indecent act against the victim, who was a juvenile of Grade III with intellectual disability, with lack intellectual ability to discern things or make decisions due to mental disorder.

In a case where a court recognizes a criminal facts included in the criminal facts for which a public prosecution is instituted within the extent consistent with the facts charged, if it deems that there is no concern over substantial disadvantage to the defendant’s exercise of his/her right to defense in light of the progress of trial, it may, even if the indictment has not been modified, recognize ex officio the facts charged other than

(See Supreme Court Decision 2007Do7260 Decided May 29, 2008, etc.). The Defendant denies that the Defendant had sexual intercourse with the investigative agency by recognizing the entire part of the indecent act in accordance with the same law from the investigation agency to this court. The Defendant can be deemed to include the criminal facts of indecent act in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (compacting with the disabled) stated in the indictment, and thus, the identity of the facts charged is recognized.

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