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(영문) 울산지방법원 2018.02.21 2017고합381

성폭력범죄의처벌등에관한특례법위반(주거침입강간)

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A defendant shall be punished by imprisonment for four years.

The information on the accused is disclosed through an information and communications network for a period of five years.

Reasons

Criminal facts

On January 13, 2012, the Defendant was sentenced to a suspended sentence of two years and six months, and the said judgment became final and conclusive on May 24, 2012, on the following grounds: (a) on December 27, 2013, the Ulsan District Court sentenced the Defendant to four months of imprisonment with prison labor for night-time larceny, and for residential intrusion; (b) on June 4, 2014, the said judgment became final and conclusive, and the sentence of the suspended sentence became null and void upon the occurrence of the said judgment; and (c) around October 26, 2016, the said judgment was completely executed in the second intersection of the North Koreanbu system.

[2] When the Defendant came to know of the fact that he was living in his residence while delivering food to the Chinese house from November 2016 to Ulsan-gu, Ulsan-gu, and that he was living in his residence, the Defendant was able to commit rape by intrusion upon the victim’s residence.

On November 14, 2017, the Defendant 02:00, at the studio 1st floor parking lot of the victim living in Ulsan-gu, Ulsan-gu, Seoul-gu, the Defendant 2017: (a) opened the gas pipe installed therein to the 3th floor of the studio where the victim lives; (b) opened the studio and entered the studio; but (c) opened the studio and entered the studio. However, the Defendant 201 went home only from the studio to the studio.

At around 02:30 on the same day, the Defendant intending to have sexual intercourse with the victim, returning home to the said room by leaving the victim's hand, leaving the victim's room toward the new gate of the entrance, leaving the victim on the floor, leaving the victim's shoulder gate toward the new gate of the entrance, preventing the victim from resisting against the victim. One hand of the other hand is the victim's chest and panty gate, leaving the victim's panty, leaving the victim's panty, leaving the victim's panty, leaving the victim's panty, while the victim resisted at the resistance, but the victim did not have come to have sexual intercourse.

Accordingly, the defendant attempted to rape the victim by impairing the victim's residence.