(영문) 수원지방법원 2015.01.27 2014고합701

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(영문) 수원지방법원 2015.01.27 2014고합701

성폭력범죄의처벌및피해자보호등에관한법률위반(주거침입강간등)

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A defendant shall be punished by imprisonment for five years.

The information on the accused shall be disclosed through an information and communications network for three years.

Reasons

Punishment of the crime

At around 08:40 on August 3, 2004, the Defendant opened a studio in which the victim D (the age of 21) residing in Ansan-si C (the age of 21) did not locked into the house and intruded into the house, and the Defendant was able to detect the victim who was in the bed at the bed at the bed, and to commit rape.

The defendant, who was off his clothes, and panty spanched, called "less off, she is off, she shall be off, her clothes," and the victim tried not to get off his clothes, and then followed the spores in the spores, so that the victim spokes down the spores, and made the victim spores, and forced the victim to resist as the victim did with the spores, and made the victim do not have the spores, and then the spores, the victim spos, who was fright, spos off of his clothes, brought the victim's face toward the Defendant's sexual flag, and brought the victim's face to the Defendant's sexual organ by breathing the victim's body with the spores." The victim spores, who was spores, sposing the victim's sexual organ, followed the victim's body, and then spores the victim's body, and rape the victim's sex.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Each request for appraisal;

1. Application of Acts and subordinate statutes to the scene photographs, such as robbery, rape, etc., suspect door photographs, and suspect sexual photography;

1. Article 5(1) of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (amended by Act No. 10258, Apr. 15, 2010; hereinafter “Special Act on the Punishment, etc. of Sexual Crimes”) and Article 319(1) and the main sentence of Article 297 of the Criminal Act (amended by Act No. 10258, Apr. 15, 2010; hereinafter “Special Act on the Punishment, etc. of Sexual Crimes”), Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010);

1. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;

참조조문

-성폭력범죄의 처벌 및 피해자보호 등에 관한 법률 제5조 제1항

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