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(영문) 서울서부지방법원 2014.12.16 2014고합300

성폭력범죄의처벌등에관한특례법위반(주거침입강간)등

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

1. On September 9, 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape in Residence) at the home of the victim D (Inn, 25 years old) located in Mapo-gu Seoul Metropolitan Government on September 05:58, 2014, and found the victim who opened the network of a small bank window that is not equipped with the corrective device at night and was diving at the inside and outside of the inside, and was released from the victim’s diving and panty.

Since then, when the victim gets shouldered and resisted, the Defendant stated in the indictment that he was unable to flee by putting the two arms and shoulder of the victim, putting the head, thereby preventing the escape, and that he was unable to do so, but the indictment appears to be a clerical error in the context of “disgrashing”.

(hereinafter the same shall apply)

After suppressing the victim's resistance, the victim tried to rape by inserting the victim's body above the body of the defendant, but the victim did not rape but failed to do so.

2. The Defendant, at the same time and at the same place as the above 1. Paragraph 1., intrudes into the victim D’s residence at night, in a manner as set forth in the above 1. Paragraph (1) and took the Defendant’s force by cutting down the victim’s two arms and shoulder, preventing the victim from escaping, thereby suppressing the victim’s resistance and committing assaulting the victim, which is the market price of the victim’s possession.

3. Around 05:00 on September 12, 2014, the Defendant: (a) opened two window-types installed in the kitchen crime prevention room in the victim F’s house located on the first floor of Mapo-gu Seoul Mapo-gu, Seoul, in his hand; (b) intruded into the house through the opened window, and went into the victim’s room; (c) cut into the victim’s room; and (d) cut off with one galthon 2 smartphone, one credit card bank, and one credit card bank, the market value of the victim’s ownership located on the bend back of the bend;

4. On October 7, 2014, the Defendant was not corrected when the Victim H was located in Mapo-gu Seoul and the first floor around October 7, 2014.