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(영문) 울산지방법원 2016.07.22 2016고합146
성폭력범죄의처벌등에관한특례법위반(주거침입강간)
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

On March 11, 2016, the Defendant became aware of the victim D (nive, 19 years of age) who was a subsequent ship of the same department at the Gangseo General Assembly, and came to know that the victim drinking alcohol is mixed with the apartment located in the same direction as the Defendant’s house, and that the victim drinking alcohol was able to sleep from the victim’s house to the victim’s house.

On March 29, 2016, the Defendant: (a) in the middle of drinking alcohol in Yangyangsan E around the new wall, the Defendant: (b) left the victim’s house in the middle of drinking alcohol; (c) was sleeped in the victim’s house; and (d) was in front of the victim’s house in Yangsan-si, 04:00 on the same day; and (c) demanded the victim to open the entrance in front of the victim’s house in the 04:00 on the same day; and (d) requested the victim to open the door in the front of the apartment door; (c) the Defendant entered the apartment entrance by using the gaps that other residents have access to the apartment door; (d) demanded the victim to return to the other resident; and (e) opened the victim’s house door as a compulsory door to force the victim’s house; and (e) went into the victim’s residence.

As the Defendant continued to leave the victim's arms, putting the victim's arms on the bed, put the victim's body on the bed, put the victim's body on another upper body inside the body of the victim, and failed to resist the victim's body, then panty of the victim, put the victim's hand into the victim's panty and panty, cut off the victim's panty and added the victim's sexual organ into the part of the victim's panty, and had sexual intercourse once by inserting the Defendant's sexual organ into the part of the victim's sexual organ.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D or G;

1. Each investigation report (the process of recognition of the case, confirmation of a mobile phone recording file, and correction of the time of crime);

1. On-site map, the 112 Report Processing Manual, the screen pictures of the detailed screen pictures on the recording file, and the recording records recording (the defense counsel of the defendant shall be breath and mentally weak at the time of the instant case.

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