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(영문) 울산지방법원 2014.01.24 2013고합255

성폭력범죄의처벌및피해자보호등에관한법률위반(주거침입강간등)등

Text

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

Reasons

Punishment of the crime

[Criminal Power] The defendant was sentenced to imprisonment with prison labor for not less than two years and six months in the Daegu District Court on April 25, 2006 for violating the Act on the Punishment of Sexual Crimes and the Protection of Victims, etc. (Special Robbery, Rape, etc.)

7.27 The above judgment became final and conclusive.

【Criminal Facts】

1. Around 02:30 on August 12, 2005, the Defendant: (a) discovered that there is a windowless window 103 in a state where the victim E (the age of 39) resides in the house of the Defendant on the third floor of the building of Ulsan-gu D, Ulsan-gu, Seoul-gu, and sought to rape the victim by entering the victim’s residence, while returning home to the house of the Defendant on August 12, 2005.

The Defendant: (a) opened a bend window in the front of the instant 103; (b) opened a bend window in the front of the house; (c) told the victim to be kicked with television in the room; and (d) laid the victim on the bend; (c) opened the victim at the bend; and (d) opened the victim on the bend; and (d) strokeed the victim by strokeing him.

The Defendant continued to commit rape against the victim, “I would be easy to die. I would not speak, imprephere, and in full off clothes,” and prevented the victim from resisting against the victim, and sexual intercourse with the victim once.

Accordingly, the defendant invadedd the victim's residence and raped the victim.

2. On September 3, 2005, the Defendant discovered that the victim G (inn, 31 years of age) entered the above studio 201 before the Ulsan-gu Fudio on September 3, 2005, around 00:11, the Defendant committed a violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims, etc. (special robbery, rape, etc.) and received the victim’s property from the victim.

The Defendant, after driving away from the victim, she sealed the victim into his house and intruded the victim into the above 201, and her knife a knife, which is a lethal weapon (32 cm in total length, 20 cm in knife length, 20 cm in knife) that was located on the bank, has led the victim to suppress the victim’s resistance.