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(영문) 부산지방법원 2017.12.22 2017고합472

성폭력범죄의처벌등에관한특례법위반(주거침입준유사강간)등

Text

A defendant shall be punished by imprisonment for five years.

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

Reasons

Punishment of the crime

"2017 Gohap 472"

1. On September 1, 2017, the Defendant, at around 21:00, tried to find out that the victim (the 25 years old) residing in the said Scmarket Driner C entered the house before “D Mat” located in the Busan Young-gu, Busan Metropolitan City, and had the victim intruded the victim’s room until the victim was diving, thereby committing an indecent act against the victim and taking pictures thereof.

Around 02:00 on September 1, 2017, the Defendant opened a gate which was not corrected when the victim’s residence was located in Busan Young-gu E, Busan, and opened the 2nd floor through outdoor stairs, and opened the gate screen with his hand, and went into the victim’s room. On September 1, 2017, the Defendant committed a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a similar rape similar to intrusion upon residence) committed an intrusion upon the victim’s residence, but failed to bring out and bring out the intent of the victim, the Defendant was willing to implement the plan by intrusion upon the victim’s residence.

At around 02:00 to 03:00 on September 3, 2017, the Defendant intruded into the victim’s residence in the same manner as the preceding paragraph, and went to the victim’s room, left the panty of the victim who was locked by the victim, left the victim’s panty as his hand, cut off the victim’s panty, and inserted the victim’s panty with his hand into the part of the victim’s sound and her finger.

As a result, the defendant invadedd the victim's residence, and used the victim's resistance impossibility condition to commit similar rape.

3. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (such as Cameras, etc.), took photographs of the Defendant’s cell phone camera function in possession of the Defendant at the same time and at the same place, such as inserting fingers into the victim’s sound book.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame against his will.

The defendant of "2017 Gohap 537" shall be the defendant on July 2017.