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(영문) 대구지방법원 서부지원 2018.05.10 2017고합222

성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등

Text

A defendant shall be punished by imprisonment for six years.

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

Reasons

Punishment of the crime

The defendant is a person who resides in Daegu-gu E and the second floor, and the victim F (V, 40 years of age) is a person who resides in the same Gu G and the first floor.

1. On November 6, 2017, around 15:35, the Defendant, in preparation for robbery, discovered that the victim’s house gate and gate gate were in danger of opening, while smoking tobacco in the stairs of the second floor of the Defendant’s house, and received money and valuables from the Defendant.

Accordingly, the Defendant kept excessive (11ccin length of knives), hand, strings, etc., which are dangerous articles to be used in committing robbery, and opened a gate which is not corrected by the victim’s house and entered the knives before the front of the knives with a pipe of the knives. Accordingly, the Defendant was prepared for the purpose of robbery.

2. The Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special rape) led the victim to intrude into the victim’s residence, as described in paragraph 1, and led the victim to suppress the victim’s resistance by harming the excessive flow set forth in paragraph 1, which is a dangerous object that the victim discovered the defendant from his/her dwelling space so that he/she was frighted and she was frighted so that he/she would be unable to sustain the victim by drinking, making the victim fright and sound so that he/she was frighted.”

Then, the defendant is likely to leave the victim from a place where he leads the victim, put the victim on the bed, put the victim on the bed, put the victim on the body of the victim, prevent the victim from resisting the victim, and take the victim "It is necessary to do so, and if he is unable to do so, he does not need to do so.

“............... inserting its sexual organ into the victim’s negative part.....

As a result, the defendant invadedd the residence of the victim, raped the victim, and raped the victim with dangerous objects at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Written response to a request for appraisal;

1. Application of respective existing Acts and subordinate statutes of subparagraphs 2 through 5 of seized evidence;

1. Relevant provisions of the Act concerning facts constituting an offense;