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(영문) 서울남부지방법원 2018.04.19 2017고합599
성폭력범죄의처벌및피해자보호등에관한법률위반(주거침입강간등)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

【The Defendant was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Southern District Court on June 12, 2001, and the execution of the sentence was terminated on October 24, 2002. On June 27, 2003, the Seoul Central District Court sentenced the Defendant to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Southern District Court on November 18, 2004 and completed the execution of the sentence on November 18, 2004. On August 23, 2017, the Seoul Southern District Court sentenced the Defendant to a suspension of execution for eight months in prison for the purpose of larceny at night and was finally decided on August 31, 2017.

【Criminal facts】 On May 29, 2005, the Defendant: (a) opened and intruded into the house of the victim D (Woo, 21 years of age) located in Yangcheon-gu Seoul Metropolitan Government on May 29, 2005; (b) discovered the victim who was diving in the room and attempted to commit an indecent act by force; (c) thrown the wall in the kitchen, wearing the victim in his hand, and fastening the victim, and then thrown the stered object in the part of the damaged person, and (d) thrown the victim in his possession of the kitchen, the Defendant shall be discarded down.

“The victim’s resistance is suppressing the victim’s resistance, forced the victim’s head debt in a situation where the victim’s head debt is frighten and drinking, forced the victim to put the victim’s sexual organ into the victim’s inner organ, forced the victim to quickly put the victim’s sexual organ into the victim’s inner organ, and forced the victim to commit an indecent act by inserting the victim’s hand into the victim’s inner part, and deceiving the chest.

Accordingly, the defendant invadedd the victim's residence and committed an indecent act against the victim by assault or intimidation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. A notice of discovery of the fact that the DNA identity verification information is consistent, a site placement, and a photograph;

1. Each investigation report (the discovery of the fact that the DNA identity verification information is consistent, the attachment of a site to the site, and the description of the suspect);

1. Previous convictions in the judgment: A reply to inquiries, such as criminal history, each investigation report (in addition to the judgment attached thereto and the personal expropriation status), judgment text, and the current status of personal expropriation.

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