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(영문) 수원지방법원 여주지원 2014.10.02 2014고합53
주거침입등
Text

A defendant shall be punished by imprisonment for two years.

The information on the accused shall be disclosed through an information and communications network for five years.

Reasons

Punishment of the crime

[criminal record] On August 21, 192, the defendant and the requester for the attachment order, and the requester for the probation order (hereinafter "defendant") were sentenced to 12 years of imprisonment with prison labor in Seoul Northern District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Robbery). On November 4, 2005, the Seoul Northern District Court sentenced the two years and six months of imprisonment with prison labor for the crime of rape and bodily injury caused by rape in Seoul Northern District Court. On August 22, 2008, the Seoul Central District Court sentenced the five years of imprisonment with prison labor for the crime of rape and bodily injury caused by rape and completed the execution of the sentence in the female correctional institution on May 31,

【Criminal Facts】

1. On July 15, 2014, around 03:50, the Defendant entering a residential intrusion opened a gate that was not corrected at the studio of the victim D, which is located in c and 303, and entered the said studio.

Accordingly, the defendant invadedd the victim's residence.

2. A prosecutor who attempted quasi-Rape stated in the indictment the name of the crime in this part of the crime as the attempted quasi-rape, but it appears to be a clerical error.

On July 15, 2014, the Defendant entered the studio of the victim D (year 24) at around 04:10 on the same day, and did not commit an attempted crime, even though the victim tried to have his sexual organ contacted with the victim’s sexual organ and put the victim’s sexual organ into the victim’s resistance, due to the victim’s desire to report the victim’s studio in the above studio at around 04:10 on the same day, and was exempted from all the part of the victim, and went off the victim’s resistance at hand, and tried to leave the victim’s sexual organ in the part of the victim’s resistance, but failed to bring the victim’s sexual organ into the victim’s sexual organ at around 03:50 on the same day.

Accordingly, the defendant used the victim's state of impossibility to resist due to the victim's waters to put the victim's sexual organ into the victim's resistance and tried to commit a similar rape, but attempted to commit such rape.

[Judgment of the court below] The Defendant was sentenced to imprisonment with prison labor for a sexual crime as above and committed a sexual crime within ten years after the completion of the execution of the sentence, and the Defendant committed a sexual crime on two or more occasions, thereby constituting a sexual crime, and is likely to recommit a sexual crime.

Summary of Evidence

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