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(영문) 서울중앙지방법원 2020.02.19 2019고합991
성폭력범죄의처벌등에관한특례법위반(주거침입준유사강간)등
Text

A defendant shall be punished by imprisonment for three years.

except that the execution of the above sentence shall be suspended for four years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant and the victim B (one, half, and fifty-seven years of age) are neighboring families residing in the same Dong and the victim was judged to have a first degree disability in the brain disease around 10 years of age, and the victim was unable to communicate and express due to aftermatha traffic accident and after the 40th half of the 40th half of the 40th half of the 40th half of the 40th half of the 40th half of the 40th half of the 40th half of the 40th half of the

The Defendant was aware of the fact that he was a person with severe disabilities at the home of the victim in Gwanak-gu in Seoul Special Metropolitan City, who was 82 years of age and at the home of the victim in Seoul Special Metropolitan City, and was aware of the fact that he was a person with severe disabilities. At around 11:0 a.m., the Defendant was aware of the fact that his mother was mixed with the victim's house during the preparation of the victim's business at home and at the street store, and was able to commit an indecent act against the victim's house.

1. Around 12:00 on June 29, 2019, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion by force) confirmed that the gate is not opened at the home of the said victim, and confirmed that the gate was in order to commit an indecent act against the victim, and that the victim opened the gate to commit an indecent act against the victim’s dwelling and intrudes on the victim’s dwelling, and thereafter, the victim took panty only to the head of the victim who was panty and panty and was fright up to 10 minutes by hand.

Accordingly, the Defendant committed an indecent act against the victim who was unable to resist due to a physical or mental disability by impairing the victim's residence.

2. On June 30, 2019, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (or quasi-Rape) confirms that the main gate was not divingd at the home of the above victim, and that the Defendant opened a gate to commit an indecent act against the victim and intrudes upon the victim’s residence, and opened the gate to commit an indecent act against the victim, and opened the suck at the same place to the head of the victim’s panty and opened the suck.

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