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(영문) 서울동부지방법원 2018.11.16 2018고합282
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)
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 is a mentally disabled person with a physical disability of the second degree, who resides in a place less than 50 meters away from his/her residence of the victim C (the 22-year old age).

On June 15, 2018, around 12:05, the Defendant found that the victim was in front of the victim’s residential gate located in Seongdong-gu Seoul Metropolitan Government D Branch, and that the victim was in telephone conversations from the underground stairs of his residence, and intrudes into the victim’s residential gate through the open gate, and then the victim’s sexual shots back to the victim’s back.

In other words, the victim's indecent act was forced by force, such as the victim's her amb and her amb, and the defendant's ambel with the victim's ambel.

Accordingly, the defendant invadedd the victim's residence and forced the victim to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Application of statutes to the Messen dialogue content, the field photograph of the case, and the gene appraisal report;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes and Articles 319 (1) and 298 of the Criminal Act concerning criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. In light of 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 lecture (the defendant is a disabled person of Grade II suffering from brain cerebralopy, etc., and is under drug treatment for a long time, it is difficult for the defendant to expect the effect of preventing recidivism through taking lectures to treat sexual assault, and there are special circumstances in which an order to attend a lecture cannot be imposed on

I think)

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose, notify, and restrict employment, and Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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