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(영문) 수원지방법원 2018.10.11 2018고합351

성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)등

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Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has been diagnosed by dementia in Albn's Albn's Albn's disease due to the age of 74 years, and needs to perform drug treatment for an illegal period due to the decline of overall recognition function and the degradation of daily ability.

While Defendant 1 lacks the ability to discern things or make decisions due to the symptoms and alcohol of dementia as above, Defendant 1 explained on April 23, 2018 that “the victim was in front of the victim D (V, 50 years of age) in e.g., the victim was in front of the victim D (the victim was in front of 50 years of age) in e.g., the victim was in front of the victim D (the victim was in front of e.g., the defendant 1).”

“Along with the victim’s her hand, the victim’s timber was cut through the victim’s entrance and intruded into the victim’s residence, and the victim’s chest was frighted by hand, and the victim was frighted to walk the victim’s chest and walked with the victim’s her breast, thereby getting the victim out of the victim’s legs, thereby causing injury to the victim, i.e., “the fright of abandonment on the right side,” and forced the victim to commit an indecent act on the part of the victim.

As a result, the defendant invadedd the victim's residence with weak ability to discern things or make decisions, and forced the victim to commit an indecent act, and injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A detailed statement of each investigation report (the confirmation of CCTV images around the scene, the search and investigation of senior citizens, the details of victim's medical treatment, CCTV images, the suspect's house, and interview pictures to crime places, in which the victim's house is taken, and a detailed statement of reported cases in which the victim's house is recorded);

1. A medical certificate and a medical records with respect to D;

1. Application of CCTV images and Acts and subordinate statutes on-site photographs;

1. Relevant legal provisions and Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes against the crime, Articles 319(1) and 298 of the Criminal Act (the occupation of indecent acts by compulsion of intrusion on residence and imprisonment with prison labor for abandonment);