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(영문) 서울남부지방법원 2021.02.04 2020고합512

성폭력범죄의처벌등에관한특례법위반(장애인강제추행)

Text

A defendant shall be punished by imprisonment for two years.

The information on the accused shall be disclosed and notified for a period of five years.

For the defendant.

Reasons

Criminal facts

Article 35 of the Criminal Act: (a) The criminal defendant and the person who requested the attachment order and the person who requested the attachment order and the person who requested the order to observe the protective order (hereinafter referred to as "the criminal defendant") on April 19, 2019 were sentenced to imprisonment with labor for a special assault committed by the Seoul Southern District Court and completed the execution of the sentence in Seoul Southern District Court on October 26, 2019.

【Criminal facts】 The Defendant is a neighbor who resides in the same Dong of an apartment, such as the victim B (math, 53 years old at the time) who is a person with hearing disability of class 2.

1. On April 3, 2020, the Defendant visited the victim's house located in the Geumcheon-gu Seoul apartment building C, Geumcheon-gu, Seoul, to drink with the victim on April 3, 2020.

At the same time, the defendant's house located in the above apartment D, putting the victim's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn'

2. The victim committed an indecent act under the circumstances where he was frightened with depression, resulting in severe symptoms of frightening, and resulting in the victim's house by getting the defendant's frighten.

On April 3, 2020, the Defendant entered the victim's house, and complained of the victim's house, and sited behind the victim's house that she can enjoy on the floor. "I am.............................". The Defendant gets her body by hand, and her hand her hand was her chest and her chest in the clothes of the victim who she resisted.

Accordingly, the defendant committed an indecent act on the part of the victim with a physical disability over two occasions.

【Fact that caused the attachment order】 The Defendant was sentenced to six years of imprisonment and seven years of a location tracking device attachment order at the Seoul High Court on June 11, 2010 due to a crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (Rape by blood).