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(영문) 서울북부지방법원 2018.07.06 2018고합21
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a blood-related dementia patient, had the ability to discern things or make decisions due to this lack of ability, and had appropriately revised the date of the crime to the extent that it does not interfere with the Defendant’s exercise of the right of defense.

18:36 Around 18: (a) intrudes into public women’s toilets managed by Gangwon-gu Office located in Seoul, Gangnam-gu, Seoul, and (b) Daz e (as in 24 years old, intellectual disability 1 grade), the victim E (as in 24 years old, intellectual disability 1 grade), who had no locking device, opened a door door for women’s disabled persons with disabilities and entered the door and was seated and was seated.

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

Summary of Evidence

1. Legal statement of F;

1. Video recorded CDs or stenographic records of victims with respect to E;

1. Each statement of the F;

1. A screen for requesting cooperation in investigation (request for the provision ofCCTV data), CDs, internal investigation reports (CCTV precise analysis), and the screen to capture CCTVs;

1. Application of Acts and subordinate statutes governing the written diagnosis and resident registration table;

1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes, Article 319 (1) and Article 298 of the Criminal Act (a point of coercion of intrusion on residence), Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment)

1. Selection of alternative abandonment of punishment;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) of the Criminal Act to be mitigated by law;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a course (the defendant is 7 years old and has a mental and physical weakness due to dementia, etc.);

1. Article 47 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders.

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