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(영문) 서울서부지방법원 2018.02.01 2017고합330
성폭력범죄의처벌등에관한특례법위반(주거침입강간)등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

1. Intrusion upon residence;

A. On August 24, 2017, around 04:27, the Defendant invaded upon the victim’s residence by opening an unCorrectioned gate and intending to peep the victim in front of the victim E (n, 22 years of age) located in Mapo-gu Seoul Metropolitan Government.

B. On August 26, 2017, the Defendant: (a) 23:30 on August 26, 2017, in order to examine the victim’s attitude, and (b) 23:30 on August 26, 2017, on the victim’s house and fenced the victim’s house and fenced the victim’s body into the victim’s house, and (c) on the outer wall with the victim’s room room inside the victim’s body, and her face was examined and her face was humed on the window; (d) however, the police invaded the victim’s residence, such as the victim’s escape from light, such as finger.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape in Residence), opens and enters any gate which is not corrected in front of the house of the victim, around 04:50 on August 25, 2017, including paragraph 1(a) of the same Article.

After the end of the party, it was found that the victim was locked in the state of chain from the bed by opening the door door and intrusion to the measures of the victim.

While protecting the victim who is in the physical condition, the defendant got off the victim, prevented the victim from suffering the sound from the locking with one hand, led the victim's face back to the suppression of resistance, led the victim's face back to the victim, and then deducted the finger from the victim's negative part, followed by putting the victim's finger into the part of the victim's negative part, and then raped the victim by putting the victim's sexual organ into the part of the victim's negative part.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to report internal investigation (the response to an excursion ship as a result of the appraisal of the victim's emergency height of sexual assault), requests for appraisal (the net time 43), investigation reports (the results of appraisal between countries and water - the results of appraisal - No. 2017-429);

1. Criminal facts;

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