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(영문) 인천지방법원 2013.05.20 2013고합181

성폭력범죄의처벌등에관한특례법위반(주거침입강간등)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On January 8, 2013, the Defendant: (a) around 23:00, at the Fju store located in Nam-gu Incheon Metropolitan City E, the victim H (n, 23 years of age) who was known from the time when a middle school student drinked with friendship G, etc., and (b) went through her friendship I while drinking alcohol, and (c) the victim she frighted the alcohol at the same time, and the rest of the drinking in other rooms.

At around 02:50 on January 9, 2013, the Defendant was accommodated with the victim, etc., and under the influence of alcohol, the said victim entered the said telecom 207, and the Defendant, when entering and drinking with G, etc., 209, attempted to enter the above room and enter 207, where the victim was self-employed. However, the entrance was set off and the entrance was opened to K, the 207 entrance, where the victim was living.

As above, while the defendant invadedd by 207, the victim's chest and her mother were frightened by the victim's finger and her mother by hand, the victim was frightened by the victim's fingers or her fingers, and the defendant was sealed and resisted by him, the victim's body was frighted by the victim's bridge up on the part of the victim's ship, divided the victim's shoulder by hand, suppressions the victim's shoulder into the victim's resistance, and booms the victim's fright and her mouth toward the above, and tried to rape the victim's chest, but the victim was able to talk with the victim while she was frighten.

Accordingly, the Defendant attempted to rape the victim by infringing on the victim's room, but attempted to commit an attempted rape.

Summary of Evidence

1. Part of the defendant's legal statement (Recognition of the fact that the victim's chest was delivered because he/she entered the victim's room using Turkey);

1. Each legal statement of the witness H and I;

1. Partial statement of witness G;

1. Statement of the police statement related H;

1. A complaint;