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(영문) 서울중앙지방법원 2019.11.29 2019고합658

성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The accused shall be at child and juvenile-related institutions, etc. and welfare facilities for disabled persons.

Reasons

Punishment of the crime

In accordance with the facts acknowledged by the evidence duly adopted and examined by the court, the court ex officio revised some of the facts charged to the extent that it does not interfere with the defendant's defense right.

From August 16, 2016, the Defendant committed each of the following crimes under the lack of the ability to discern things or make decisions due to mental and physical disorder, such as the evidence of her own illness, as a person living in Category D of “C” in Dongjak-gu Seoul Metropolitan Government.

1. On July 18, 2019, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (such as Residence Rape, Rape, etc.) stated that, around 02:28, the Defendant: (a) enter a room where a visit was opened with the second floor of the above Gosiwon, a female-only female-only female-only female, for rape; (b) opened a door-to-door visit, which was not corrected in the invasion; and (c) made the victim F (a) intending to have the victim go beyond the victim’s seat while intending to have the victim go beyond the victim’s seat, and attempted to get the victim out of the part of the victim’s seat.

Although the victim tried to engage in sexual intercourse after suppressing the victim's resistance, the facts charged in the crime of assault stated that "the victim is "to satisfy," and "the wind to listen to the sound and to the wind of other people" is stated as "the wind coming by other people."

There was an attempted attempt.

Accordingly, the defendant did not commit an attempted crime by infringing upon the victim's residence and attempted rape.

2. Inflowment;

A. On July 16, 2019, at around 20:00, the Defendant: (a) opened a door-to-house visit on the third floor of the above Gosiwon, which was not cured; and (b) intruded into the victim H’s room by entering the door.

B. On July 18, 2019, the Defendant, at around 02:35, opened a visit from the 4th floor of the above Notification Board and enters the said unit.