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(영문) 광주지방법원 순천지원 2017.04.25 2016고합284
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)등
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

From around 205 to around one year, the Defendant discovered the house of the victim F (the 34 years old), who was given assistance to and became aware of mental disability at the time of his/her husband in the Gu-Si E (a public official in the office of the Gu-Si, Gun), from around 2015, at the end of the year 2015, was aware of the victim's house, and the victim lacks in decentralization and private judgment ability due to mental disability, and the husband of the victim knew that he/she was not well in his/her house and tried to find the victim's house into the Eup by finding out the fact that he/she was not well in his/her house, and led the victim to sexual intercourse with the victim within the vehicle, and led the victim to an indecent act by entering the victim's house.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. On December 12, 2015, the Defendant intruded into the house through a gate opened by the victim’s house located in the Southern-gun H on the first day of December 2015, 11:00, the Defendant discovered the victim who was inside the inside of the room, stored the lock in the lock of the victim’s knife, stored the victim’s knife in the lock of the victim’s knife, and met the chest by entering the victim’s chest.

B. On December 2015, the Defendant intruded the victim’s house at the same place as that set forth in the preceding paragraph at around 11:00, in the middle of 2015, and in the same manner as that set forth in the preceding paragraph, and stored the victim’s chest in the lock, thereby spreading the victim’s chest. The Defendant entered the victim’s chest.

As above, the Defendant invadedd the victim’s residence on two occasions and forcedly committed an indecent act on the victim.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (e.g. between disabled persons);

가. 피고인은 2016. 1. 일자 불상 경 전 남 구례군 I 아파트 주차장에 주차한 피고인 운전의 그랜저 승용차 안에서, 뒷 좌석에 타고 있던 피해자를 조수석으로 오게 한 다음 갑자기 손으로 피해자의 바지를 벗기고 팬티까지 벗기려 하자 피해자가 “ 하지 말라” 고 말을 하며 팬티를 손으로 잡고 버텼음에도...

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