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(영문) 수원지방법원 2014.03.25 2013고합27
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Criminal facts

[Criminal Power] The defendant was sentenced to a suspended sentence of three years for a period of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective action, a deadly weapon, etc.) on January 10, 2013 and the same year.

9.24. The judgment became final and conclusive.

【Criminal Facts】

On October 24, 2012, the Defendant respondeded to the victim’s question whether he was a person who resides in Osan-si 406 and returned home with drinking alcohol on October 24, 2012, after taking the first letter of the victim D(n, 40 years of age) under the same loan 308.

The Defendant, who was mistaken for male-gu, was the victim, was “406 to open the door.” The Defendant, who opened the door, was the victim, and the victim, “I am the first string because he had a lot of alcoholic beverages.” The Defendant, who tried to close the door, was forced to open the door and intrude into the victim’s house, and was sleeped in the front of the studio-type room in front of the victim’s studio room.

When the victim continued to demand as soon as possible, the defendant tried to get off the victim's body and she off his/her own body and her bridge toward the shore and she sloping the victim's resistance beyond the floor, and to get off the victim's her body.

As the victim resisted to avoid getting off and getting off a canter, the Defendant: (a) knee and knee knee knee knee knee knee, and (b) stated the victim’s sexual flag as soon as possible.

As the victim refuses to do so, the defendant tried to go beyond the victim's bridge and continue to go off.

As the victim continued to refuse to stop, the Defendant opened a string of the Llostnc, and examined the knife part, and threatened the victim by saying, “I have no knife, I have a knife, I have a knife, I have a knife.”

The Defendant tried to rape the victim by assault or intimidation, but the victim strongly resists.

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