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(영문) 춘천지방법원 2013.11.28 2013고합109

성폭력범죄의처벌등에관한특례법위반(절도강간등)등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall complete a sexual assault treatment program for 80 hours.

Reasons

Criminal facts

1. At night, the Defendant: (a) around 04:00 on August 19, 2013, when the victim D (20 years of age, women) located in Chuncheon-si C, the Defendant stolen the Defendant with property worth KRW 1,060,000, an amount of KRW 1,000,000, for a total of KRW 1,000,000, for the following reasons: (b) the Victim D (20 years of age, women) went into front of the Ebudio 306,00; (c) the victim took a rail of a building between the parties’ house and the window installed, and intrudes the method through the window installed in a railing; and (d) the Defendant stolen the Defendant with the Defendant’s house at night.

2. On August 31, 2013, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (thief, etc.) went into a place in the same manner as above at the same place as Paragraph (1) of this Article, and cut off the cash 5,000 won in the victim’s possession, discovered a wall wall owned by the victim who was locked by the victim, and removed the cash 5,000 won in that place, and collected the smartphone in the back part of the market price of the victim’s ownership at 80,000 won.

After that, the Defendant covered the face of the victim by a brush that the victim had been shouldered in the lock, and prevented him from facing the brush, and the Defendant said that the brush (20 cm in total length, 10 cm in length on the day) for the main use of the bank room (10 cm in total) that was next to the victim is called as “a brush,” as the victim’s brut with the victim’s times, and committed an indecent act by force against the victim by inducing the victim’s resistance, walkinging the victim’s face, walkinging the victim’s chest by his hand, and walking the victim’s chest by the victim’s hand.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of the relevant Acts and subordinate statutes to each protocol of seizure and the list of seizure, photographs of damaged articles, records of seizure and video-phones, records of seizure and delivery (per sheet of table 1 to which the State and the appraisal of evidence are requested);

1. Relevant Articles 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the provisions of Articles 30 and 298 of the Criminal Act, and Article 330 of the Criminal Act concerning criminal facts;

1. Article 37 of the Criminal Code among concurrent crimes.