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(영문) 춘천지방법원 강릉지원 2018.04.19 2018고합19

성폭력범죄의처벌등에관한특례법위반(주거침입준강간)등

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A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 22, 2018, the Defendant drinked with D and D’s female-friendly job offers victim E (at around 20 years of age) (at around 24:00 on February 22, 2018, and d and the victim moved to the studio heading room in Gangnam-si, which is the victim’s residence. On February 23, 2018, the Defendant contacted D with D around 00:50 on contact with D and metaman at a nearby room.

In other words, the victim remains in the residence of the victim, thereby making it possible for the victim to live in the residence.

1. On February 23, 2018, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape-rape) entered into the victim’s residence with the intent to have sexual intercourse with the victim by using the fact that the victim is mixed with himself/herself, while under the influence of alcohol, and intrudes into the victim’s residence after entering the entrance of the entrance door password, which had been in the middle of his/her house.

Then, the Defendant: (a) was used in the bed, and the Defendant was able to write and rout the victim’s her m, her m, her m, and her chest, with his mar, by hand on the part of the victim who was locked; (b) continued to put the victim’s mar on the part of the victim’s her mar, and inserted the Defendant’s mar on the part of the victim’s body into the part of the other victim’s mar.

Accordingly, the Defendant infringed upon the victim’s residence, thereby having sexual intercourse with the victim by taking advantage of the victim’s mental and physical loss or arbitrariable condition.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (using and photographing cameras, etc.), had sexual intercourse with the victim, who was divingd under the influence of alcohol at the time and place set forth in the above paragraph (1), and took a photograph of approximately 30 seconds of the body parts, such as the victim’s chest and sound, on three occasions by using the Defendant’s photographing function of the victim’s LG-F800 cell phone camera.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

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