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(영문) 서울중앙지방법원 2016.10.20 2016고합655
성폭력범죄의처벌등에관한특례법위반(주거침입강간)등
Text

Defendant shall be punished by imprisonment for three years and by a fine of 100,000 won.

However, the above imprisonment for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around September 2015, the Defendant, who was a male of Mongolian nationality, was a public official belonging to the same social welfare division in Mongolia, exchanged with the victim E (the age of 35) who first helps repair the apartment of the victim (the age of 35) and met with each other, and thereafter, the victim who met the resident status of the Republic of Korea around that time entered the Republic of Korea first, and the Defendant entered the Republic of Korea as a short-term visit on November 18, 2015, and was living together in the residence of the victim in Jung-gu Seoul Metropolitan Government.

However, two persons began to dispute frequently from around December 2015 on the issue of the request or difference of nature of the defendant's dynamic sexual act, etc. The defendant left the house of the victim once he/she was requested to leave the house of the victim, and when he/she temporarily compromises with the victim, he/she entered the house of the victim again until April 2016, and has repeated entry and leaving the house of the victim until April 2016.

1. On February 8, 2016, the Defendant, who did not comply with the eviction from the victim, while making a verbal dispute with the victim at the victim’s residence located in the Seoul Central District F around 22:00, the Defendant’s “at home” out of the victim.

구를 받고도 피해자의 신고를 받은 경찰관이 출동할 때까지 정당한 사유 없이 나가지 않은 채 버텼다.

Accordingly, the defendant leaves the victim.

The Gu refused to comply with the Gu.

2. Around 01:00 on April 9, 2016, the Defendant attempted to open a door by dividing the password, which he/she was aware of, before the victim’s residence door located in the Seoul Jung-gu Seoul Metropolitan Government, into the locks using the password in order to interview the victim. However, the victim changed his/her password to prevent the Defendant from entering the door so that he/she could not open the password and intruded into the door. However, he/she opened a living room window where the second floor is not corrected, following the residence of the victim who did not open the door.

2.3

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