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(영문) 의정부지방법원 고양지원 2013.05.10 2013고합1
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
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A defendant shall be punished by imprisonment for not less than three years and six months.

The defendant shall complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

At around 22:00 on August 25, 2012, the Defendant became aware of the victim E (n, 21 years of age) through Dong-J that became aware of three years ago, and around 22:0 on August 25, 2012, the Defendant her “Gju” located in Yongsan-gu Seoul Metropolitan City F with the victim, D, Defendant-friendly H, and the victim her drinking alcohol together with the victim, her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her shed with the victim, D, and H.

피고인은 2012. 8. 26. 05:30경 위와 같이 잠들었다가 잠에서 깼을 때 D이 근처에 102호실 열쇠를 놓고 잠들어 있는 것을 발견하고는, 몰래 102호실에 들어가 그곳에 잠들어 있던 피해자를 강간하기로 마음먹었다.

The Defendant cited the key of 102 unit posts in D and entered the 101 unit room and the 102 unit visit with the said key to open a door and intrudes into the door by using the said key. The Defendant exceeded the panty of the victim who was unable to resist because he was under the influence of alcohol, and added the Defendant’s sexual organ into the part of the victim, thereby committing sexual intercourse.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness E, K, L's legal statement, witness D and H's partial legal statement;

1. Application of Acts and subordinate statutes to a criminal investigation report (the text sent by a suspect to the victim), investigation report (to hear and report on theD phone statement of a witness);

1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Articles 319 (1) and 299 of the Criminal Act, the selection of limited imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 16 (2) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Determination on the assertion by the Defendant and his/her defense counsel under Article 41(1)1 and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. The Defendant, while under the influence of alcohol, enters the 102 room at the mind that the victim is able to see himself/herself.

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