(영문) 부산지방법원 동부지원 2018.01.09 2017고합251

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(영문) 부산지방법원 동부지원 2018.01.09 2017고합251

성폭력범죄의처벌등에관한특례법위반(주거침입유사강간)

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The defendant and the victim C (the age of 52) are the relationship between June 2016 and December 2016, in which they come to the relationship of annual relationship.

On July 9, 2017, the Defendant: (a) around 19:00, at the “E” restaurant located in Busan Metropolitan City captain-gun D, considered the victim’s mind in order to look back with him/her in a new relationship with him/her; (b) but (c) the victim refused it and forced him/her to engage in a sexual relationship with the victim; and (d) was able to rape him/her in a new relationship with him/her.

On July 9, 2017, around 22:40, the Defendant entered the victim's house in Busan Metropolitan City F. F. F. △△△△, and entered the victim's house, and the Defendant refused to do so, and only part of the entrance door was cut off to the Defendant due to the gap.

Accordingly, the Defendant opened a part of open cresh with the entrance of the victim, pushed the victim into the room, pushed the room towards the spawn, opened the body of the victim by putting the victim on the spawn, prevented him from resisting on the spawn, and forced off the sguk, cut off the victim’s chest by forcing him to go off, cut off the spawn, cut off the spawn and clothes, and put him in the spawn of the victim into the spawn of the victim, as soon as the spawn of the victim’s body.

Accordingly, the defendant infringed upon the victim's residence, thereby putting part of the body of the defendant into the victim's sexual flag.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of C in the second examination protocol of the suspect against the accused in the prosecution;

1. Investigation report (in the case of on-site situations, etc.);

1. Application of Acts and subordinate statutes to the photograph of the case;

1. Relevant legal provisions and Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319(1) and 297-2 of the Criminal Act, and choice of imprisonment with prison labor for a limited term, concerning the crime;

2. Articles 53 and 55 Subparag. 1 Subparag. 3 of the Criminal Act (the following):

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제3조 제1항

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