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(영문) 서울서부지방법원 2014.05.13 2013고합435
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On December 5, 2013, around 03:30 on December 5, 2013, the Defendant opened a visit that was not locked and entered into the victim’s room in front of the visit where the victim D (title, 28) in Yongsan-gu Seoul building and the third floor were living.

The Defendant set aside the victim’s resistance against the victim by stating that the victim was divingd by the victim’s knife, “the knife knife knife knife knife knife knife knife knife knife knife knife knife, cut off the victim’s knife and knife knife knife knife knife knife knife knife knife knife kn

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

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Results of CCTV verification;

1. An appraisal report prepared by the president of the National Institute of Scientific Investigation;

1. The screen after managing the suspect subject to the collection of DNA identification samples from the case investigation system;

1. Statement of the police preparation D;

1. To analyze the daily case of police preparation, each internal investigation report (CCTV and reference witness A, E text messages, replys to requests for appraisal, and suspect specific) and the application of Acts and subordinate statutes to each investigation report (written replys to requests for appraisal, suspect criminal investigation);

1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 297 of the Criminal Act concerning the crime;

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).

4. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

5. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be imposed on an order to disclose or notify;

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