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(영문) 서울북부지방법원 2019.09.06 2019고합201
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)등
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A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

1. On October 25, 2018, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (class II) committed a violation of intellectual disability (class II) with weak ability to discern things or make decisions, and around October 16:30 on October 25, 2018, around D apartment E-dong where the victim C (a family name, female, and nine years of age) located in Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, entered the said apartment E-dong, followed the victim, and followed the victim into the said apartment E-dong, and went back to the elevator, and went back to the elevator, and became a negative part of the victim's own hand.

Accordingly, the defendant invadedd the victim's residence and led to indecent act by compulsion.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor or indecent act);

A. On October 24, 2018, when the Defendant committed a crime against the Victim F (A) lacks the ability to discern things or make decisions due to intellectual disorder (Grade II), the Defendant followed the Victim F (A, B, 9 years of age) in front of the Seoul Special Metropolitan City, Nowon-gu, Seoul, and followed the Victim F (A, B, and 9 years of age) on his/her own hand.

Accordingly, the defendant committed indecent acts by force against the victim under the age of 13.

B. On November 5, 2018, when the Defendant was unable to discern things or make decisions due to intellectual disorder (Grade II), the Defendant committed the crime against the victim H (Class II) committed the crime at the I Apartment E-dong playground in Seoul Special Metropolitan City, Nowon-gu around November 15:30, 2018, the Defendant Da Da to the victim H (the Ha, the Ha, the h, the h, and the 8 years old) playing in the E-dong playground in the E-dong playground of Seoul Special Metropolitan City, Nowon-gu on his own hand followed the victim’s pathm, and even after the victim got damaged by the Defendant, the Defendant was faced with the pathm of the victim by his second hand and became a negative part of the victim.

Accordingly, the defendant committed indecent acts by force against the victim under the age of 13.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C, H and F;

1. Records of each victim's statement;

1. Each report, internal investigation report, and investigation report (Evidence Nos. 1, 2, 11, 12, 16, 17, 19, 20) are applicable to the legislation.

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