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(영문) 수원지방법원 2020.10.15 2020고합354
아동ㆍ청소년의성보호에관한법률위반(장애인간음)
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

The Defendant became aware of the fact that the victim was not able to discern things or make decisions due to mental disorder through the verbal abuse, attitude, etc., known to the victim B and his female-friendly job offers victim C (the family name, the 16-year old age), and divided into two by the victim.

1. On November 13, 2019, the Defendant proposed that, at around 19:00 on November 13, 2019, the Defendant carried out a card game with the Defendant’s residence located in Suwon-gu, Suwon-si, Suwon-si, as well as the victim, and that, at the request of a person, the Defendant exceeded the clothes or made the body contact with the Defendant.” On the part of the Defendant in the game, the Defendant inserted the Defendant’s sexual organ into the part of the victim’s sound by inserting the Defendant’s sexual organ into the part of the victim’s sound, while having the Defendant talked with the Defendant.

2. On November 23, 2019, the Defendant, as stated in the preceding paragraph, made sexual intercourse with the victim, and proposed that “in a sexual intercourse, money will be given and tobacco will also be sold” and inserted the victim’s sexual organ into the sound book of the victim’s residence on November 23, 2019.

As a result, the defendant has sexual intercourses over two times with a child or juvenile who has weak ability to discern things or make decisions due to mental disability.

Summary of Evidence

1. Defendant's legal statement;

1. The statement made by the victim C (Gain) recorded in the victim's statement video CDs;

1. Application of Acts and subordinate statutes on certificates of disability;

1. Article 8(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17282, May 19, 202) regarding criminal facts

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (an aggravated punishment of concurrent crimes with the punishment provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse, as stated in paragraph (2) of the said Article with more severe penalty);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Order for the protection of children or juveniles against sexual traffic;

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