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(영문) 수원지방법원 안양지원 2018.11.09 2018고합110

성폭력범죄의처벌등에관한특례법위반(주거침입강간)

Text

A defendant shall be punished by imprisonment for five years.

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

Reasons

Punishment of the crime

On November 2017, the Defendant came to know of the director and the victim with the convenience of the Defendant’s residence. After visiting the victim’s residence several times and leaving the victim’s body at the victim’s house, the elderly victim attempted to rape with the police without reporting it to the police.

On February 2, 2018, at around 2:00 to 3:00, the Defendant passed an open gate and opened a string door of the victim’s residence with no corrective device properly, and intruded into the house, and made it impossible for the victim to resist with both descendants of the victim who resisted against this, to resist, thereby committing rape.

Not later than July 21, 2018, the Defendant invadedd the residence of the victim on two occasions, such as the list of annexed crimes, and raped the victim, and attempted to rape once more, but the victim did not commit an attempted crime, even though she did not escape out of the house, at the wind to report 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C (tentative name), D, and E;

1. A report on internal investigation (on-site photographs and gathering of evidence), report on internal investigation (the first 112 reporter's statement), and report on internal investigation (the date and time of crime);

1. Investigation report (a circumstance in which the victim's residence entrance door is opened compulsorily), investigation report (Attachment, etc. of identification on-site records), and investigation report (verification of the victim's residence);

1. 112 A list of reported cases;

1. Application of statutes to record on-site photographs and on-site photographs;

1. Article 3(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Articles 319(1) and 297 of the Criminal Act, Articles 15 and 3(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Articles 319(1) and 297 of the Criminal Act regarding criminal facts, and Articles 319(1) and 297 of the Criminal Act.