(영문) 부산지방법원 2015.11.06 2015고합382

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(영문) 부산지방법원 2015.11.06 2015고합382

성폭력범죄의처벌등에관한특례법위반(주거침입강간)

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A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On June 28, 2015, the Defendant was in concert with the Victim C (V, 30 years of age) who had been living together by introducing another kind of friendship on one occasion when he was carrying a new wall, frighting frighting frighting frighting frighting frighting frighting frighting frighting and drinking

The defendant, while drinking together with the victim, was under the influence of the victim's desire to return home for a sexual intercourse with the victim, he followed the victim for the purpose of having a sexual intercourse, and then requested the victim to look at the victim's house in the vicinity of his residence in Busan Dongdong-gu, Busan, and "a talk about a defect by entering home" and brought the victim's house. However, the victim was under the influence of alcohol while making the victim's drinking.

At around 08:10 on the same day, the Defendant: (a) up to the front of the 202 victim’s office in the above location, the Defendant reported the victim to open the door, and carried the door into the house. (b) Even though the victim was unable to enter and leave the house, the Defendant: (c) opened the entrance by force; (d) obstructed the victim from leaving the house; and (e) intruded the victim’s residence.

The Defendant continued to scam the victim with a bed and pushed off, and followed the victim’s resistance by assaulting the victim’s left face twice, such as sprinking the victim’s sprink, sprinking him/her, and sprinking him/her only once to reduce money, and inserting him/her into the upper half of the victim’s panty, and inserting him/her out of the victim’s panty, and inserting him/her into the part of the victim’s panty, but he/she attempted to have the victim’s sexual organ inserted him/her into the part of the victim’s spuck.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Statement of each police statement of C and E;

1. Photographss of the scene, photographs of the victim's upper part, CCTV images, and CCTV images.

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