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(영문) 부산지방법원 2020.02.07 2019고합549
성폭력범죄의처벌등에관한특례법위반(주거침입유사강간)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (n, 38 years of age) are the first relationship.

On October 24, 2019, at around 23:01, the Defendant followed E and alcoholic beverages, which are fluenced in the “D” located in Busan Jin-gu C, Busan, and subsequently discovered that the Defendant returned home to the “H restaurant” located in the same Gu G after F, and followed the victim.

On the same day, the defendant followed the victim up to 23:49 Busan Jin-gu, Busan, and confirmed that the victim was under the influence of alcohol in the apartment parking lot.

Then, the Defendant: (a) entered the victim into the said apartment Nos. 1 and 2Ra; (b) followed the victim, opened a string house; (c) opened the victim from the rear to the underground stairs; (d) opened the victim with the victim’s voice, “Is the string to live there as possible; (d) prevented the victim from resisting the victim by her hand; (c) prevented the victim from resisting the victim; and (d) put the victim’s knife into the drinking part once by cutting off the victim’s knife with the knife and knife with the knife with the victim’s knife with the hand.

Accordingly, the defendant invadedd the structure and raped the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A written appraisal;

1. A report on the occurrence of a crime (similar rape), internal investigation report (Attachment of a photograph of the body part of the victim), internal investigation report (verification of CCTV in a place where the crime occurred), CCTV report (verification of a suspect's escape), internal investigation report (as for the suspect's escape), internal investigation report (as for the suspect's clothes color), internal investigation report (as for the suspect's visit restaurant business report), internal investigation report (as for the counter investigation of the suspect's visiting restaurant business), internal investigation report (as for the head of the building in the suspect's office), internal investigation report (as for the head of the building in the suspect's office), internal investigation report (as for the counter investigation of the suspect), internal investigation report (as for the head of the D business), internal investigation report (as for the counter investigation of the suspect), internal investigation report (as for the head of the building in the suspect's office), investigation report (as for the visit of the suspect and the victim), investigation report (as for the victim'

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