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(영문) 대전지방법원 천안지원 2014.02.19 2013고합294
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From around 2010, the Defendant was an employee of the gas station. From around 2010 to around 3 years, he delivered petroleum to the house of the victim D (n, 21 years of age, intellectual disability 2 level) located in Asan City, and around 2013, the Defendant was well aware that he was unable to see the fact that he was suffering from intellectual disability, such as the victim’s house structure, the victim’s usual speech, and the fact that he was suffering from the victim’s guardian’s real name by delivering oil to the house of the victim about about 4,5 times before the date of this case.

On September 14:00 on September 30, 2013, the Defendant opened the above house gate under the pretext of attaching a Sticker for advertising the gas station, and entered the said house gate in the entrance opened to prevent any sound, and when the victim intrudes the door into the entrance opened to the entrance, the victim was able to report on the television, and the victim frighted into the fright, she discovered the Defendant while she frighted the frighter and frighted into the frighter, she frightly discovered the victim’s chest from the aftermath of the television frighter and frighted the victim’s chest by drawing the frighter of the frighter, and she saw the victim’s frighten to the sound of the strong frighter.

As a result, the defendant invaded the room and forced the victim with mental disability to commit an indecent act.

Summary of Evidence

1. Partial statement of the defendant;

1. The statement image of D police statements or CDs;

1. Statement of the police statement regarding E;

1. Each report on the occurrence of an investigation, report on the investigation (the opposite side investigation of a victim), report on an investigation (the opinion of an expert on the statement of a victim), report on an investigation (the details, etc. of the records of counseling of the victim);

1. Application of each of the visual Acts and subordinate statutes to each field photograph;

1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Articles 319 (1) and 298 of the Criminal Act, Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act;

1. Trade name;

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