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(영문) 대구지방법원 서부지원 2018.08.30 2018고합70
성폭력범죄의처벌등에관한특례법위반(주거침입강간)등
Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The Defendant and the victim B (V, 34 years old) had been living in the relationship of annual relations since February 2015, and from February 2017 to December 2017, 2017, they were living together in the victim’s residence located in Daegu-gun C from February 2, 2017 to early police officer, and were separated from the first police officer on December 2017.

Nevertheless, since December 12, 2017, the Defendant requested the victim to call again, and continuously sent the victim a phone call and sent the victim a text and D message, and the victim has rejected such contact.

1. On December 21, 2017, from around 01:42 to 02:00 on December 21, 2017, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape in Residence) committed sexual intercourse with the victim’s two arms and body to prevent the victim from suffering from the victim’s suffering from his/her panty and panty E residing in his/her inner bed, and to prevent the victim from departing from his/her panty in his/her inner bed, and to prevent the victim from resisting his/her name and body, and to prevent the victim from resisting his/her two arms and body against it by hand.

Accordingly, the defendant invadedd the victim's residence and raped the victim.

2. Although the case described in paragraph 1 was under investigation, the Defendant was entering the said victim’s residence with the first floor entrance door around March 15, 2018 and opened the 2nd floor through the stairs in order to capture the female into the victim’s house, and opened the 2nd floor through the stairs in order to turn the 2nd floor into the victim’s house. Then, the Defendant went back to the 1st floor without the door door door, and later, even before the front of the 2nd floor boiler room installed behind the building through the steel stairs and the re-dried asbestos slate roof installed behind the building, but as a neighboring resident was discovered, she turned from the roof to the 1st floor.

Accordingly, the defendant invadeds on the residence of the Dogra residents, including the victim.

Summary of Evidence

[Judgment]

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