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(영문) 서울중앙지방법원 2015.10.16 2015고합475
성폭력범죄의처벌등에관한특례법위반(주거침입강간)
Text

1. The punishment of the accused shall be three years;

2. A sexual assault treatment program for 40 hours against the accused.

Reasons

Punishment of the crime

Around May 2015, when the Defendant came to know of the domicile of the victim through the cell phone hosting "D", the Defendant found the house of the Victim F (N, 19 years old) located in Gwanak-gu in Seoul Special Metropolitan City on May 17, 2015, and concluded that “I have been delivered as if the delivery company was an employee of the delivery company.” However, no person has opened the door door door door door door door door door door door door door door door door door door door door door door and intrudes the victim’s residence, and then, the Defendant was able to report rape with the victim’s body and flick up the victim’s neck on the victim’s body, and did not resist the victim by stating “I have died without any person,” and did sexual intercourse with the victim by cutting off the victim’s name and cutting off the victim.”

Accordingly, the defendant invadedd the victim's residence and raped the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Police and suspect examination protocol of each prosecution against the accused;

1. The police statement of the victim F;

1. The application of Acts and subordinate statutes to the reporting of internal investigation (Listening to the statement of the victim, field identification investigation, etc.), processing table of 112 reported cases, reporting of field identification, data on video recording of CCTV located in G new forest, reporting of internal investigation (investigation of CCTV accumulated before and after committing a crime), report of internal investigation (verification of CCTV accumulated before and after committing a crime), data on CCTV traceability prior to committing a crime, data on CCTV reverse tracking system, data on photograph of CCTV stations after committing a crime, and some contents of the CCTV photo and the data on Kakaooooooox, and the application of investigation reports (defluence of suspect DNA data, etc.);

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 297 of the Criminal Act concerning facts constituting an offense, and Articles 319 (1) and 297 of the

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The punishment of sexual crimes against which an order to notify is issued;

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