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(영문) 의정부지방법원 고양지원 2018.09.18 2018고합131
성폭력범죄의처벌등에관한특례법위반(주거침입강간)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

The Defendant had a relationship with the victim D (23 years of age, women) and from March 6, 2018, with the victim from March 6, 2018, and the same year.

5. 1. Around 14:00 the victim sent a separate notice to the Defendant, i.e., that the Defendant was faced with a burden.

On May 2, 2018, the Defendant came to the house of the victim located in U.S. Seo-gu in U.S. on May 2, 2018, and demanded that the victim continue to engage in the relationship. In order to demand that the victim continue to engage in the relationship, the Defendant opened a door door password and intrudes on the victim’s residence without the victim’s consent, and then divided the victim’s conversation into the victim’s “I have been made with another woman.”

“Chicked the victim’s cell phone, cut off the part of the victim’s body once, cut his hair, pushed the victim’s body, pushed the victim’s body with both hand, and assault the victim by plucking, plucking, etc. of the victim’s left hand.

Defendant continued to do so against the victim who is frightening by the assault as above.

Around 06:00 of the same day, the victim demanded the victim to be her be her bed on the same day, and the victim refused it, led the victim's hand to be her bed toward the her bed, and she off his/her clothes to the victim who was her bed off.

Although the victim was found to be off, the victim's body was forced to be off the victim's body, and the victim was forced to be off the victim's body, and the victim's resistance to the victim's body was frightened, frighted into the bridge, and refused to sexual intercourse was forced to sexual intercourse once.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to D;

1. Correspondence with the State;

1. Application of the Acts and subordinate statutes to photographs by photographing the victim's human body or by capturing letters;

1. Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which is applicable to the relevant criminal facts and the selective punishment.

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