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(영문) 서울서부지방법원 2017.01.19 2016고합401
성폭력범죄의처벌등에관한특례법위반(주거침입강간)등
Text

A defendant shall be punished by imprisonment for three years.

A person who applies for a medical care and custody shall be punished.

Reasons

Criminal facts

In addition, the following crimes were committed when the defendant and the person who was in charge of the treatment, custody and custody (hereinafter referred to as the "defendant") committed the following crimes with the lack of ability to discern things or make decisions due to mental or physical disorder compared to the common merchants due to the intellectual disability of the Do.

[2016 Gohap 401] On October 12, 2016, at around 20:35, the Defendant was at a business establishment of Seodaemun-gu Seoul Western-gu Seoul (Seoul)’s Seodaemun-gu C Underground D’D with a view to gathering women who are good for himself/herself before that business, and went into a door with a view to resolving his/her sexual desire as he/she did not correct his/her sexual desire, and then, the Defendant sent the victim E (n, 57 years of age) who is the owner of the business at that place in his/her hand to open a door with the intent to remove his/her sexual desire, and she got sexual intercourse with the victim by plucking, pling, breaking, and breaking up five parts of his/her arms, and then breaking up the victim’s clothes, and then, she was sexual intercourse with the victim, thereby suffering from sexual intercourse.

Accordingly, the defendant invadedd a human structure, and raped the victim.

[2016 Gohap 428] On October 6, 2016, the Defendant accessed the “G hospital” to the victim H (n, 25 years of age) and made it good against the first eye.

In order to walk the horses and damage them, the victim is able to do so, and the victim is forced to get his/her arms into force and her own body. The victim is forced to get his/her arms into force.

Accordingly, the Defendant committed an indecent act on the part of the victim.

[Judgment of the court below] Defendant 1 had the following problems: (a) Defendant 1 had the ability to make an incomplete judgment compared to the ordinary merchants due to the intellectual disorder of the Do; (b) difficulty in appraisal adjustment; and (c) mental disorder resulting therefrom lacks the ability or intent to discern things.

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