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(영문) 울산지방법원 2017.01.13 2016고합267
성폭력범죄의처벌등에관한특례법위반(주거침입강간)등
Text

A defendant shall be punished by imprisonment for five years.

Seized evidence No. 1 shall be confiscated.

Sexual assault against the defendant for 40 hours.

Reasons

Punishment of the crime

On August 7, 2016, when the Defendant operated E in Ulsan-gu, Ulsan-gu, and around April 2015, the Defendant discovered the victim F (the 34 years of age), who was in the store adjacent to the same building, and known to the victim F (the 34 years of age) on August 7, 2016, and found the victim's home, and caused the victim's back door to the victim's home, and led the victim to rape.

Around 03:00 on August 8, 2016, the Defendant: (a) affected the victim’s residence through the back door of the victim’s house, which is a dangerous object (23.2 cm with a total length and 10 cm with a length of 10 cm) with his/her face of mast and Masck-ro face; (b) displayed the victim’s transition; (c) shows that he/she frights over the part of the locked victim; and (d) prevents the Defendant from resisting against the victim by threateninging the victim’s sexual organ into the part of the victim; and (d) in advance, he/she had sexual intercourse by inserting the victim’s face with his/her sexual organ.

On the other hand, the defendant continued to have sexual intercourse by inserting his sexual organ with the victim's hand, and again inserting his sexual organ into the negative organ of the victim.

Accordingly, the defendant invadedd the victim's residence with dangerous things, and raped twice.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Seizure records;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes, Article 319(1) and Article 297 of the Criminal Act (referring to the occupation of, and the combination of, intrusion upon residence), Article 4(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 297 of the Criminal Act (including the occupation of, and the combination of, rape with a deadly weapon);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in any Act on Special Cases concerning the Punishment, etc. of Sexual Crimes of which the quality of the crime is heavier);

1. Selection of alternative abandonment of punishment;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Special cases concerning the punishment, etc. of sexual assault crimes committed to order;

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