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(영문) 울산지방법원 2014.01.17 2013고합132
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
Text

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

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

Reasons

Criminal facts

around 05:00 on May 29, 2013, Defendant 2013 and the person requesting an attachment order (hereinafter “Defendant”) operated an I carren 2 car with approximately 29km in the state of alcohol (not less than 0.030% of blood alcohol concentration) with a view to drinking alcohol at the “F” main point located in Busan East-gu, Busan, about 05:00 on May 29, 2013.

1. On May 29, 2013, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (such as Residence Rape, Rape, etc.) opened a entrance that had not been corrected at the fifth degree of H’s school in Ulsan-gun G G in Ulsan-gun, Ulsan-gun, and entered into the 401st floor up to the fourth floor through the stairs, and, after entering the said 401, the victim J (Woo, 21 years old) was coming to the 2nd floor in the said 2nd floor, had the victim J in mind of indecent act by compulsion, and had the victim walked from the victim with his left hand, and got the victim’s ship and the breast part of the victim’s body.

Accordingly, the defendant invadedd the victim's residence and committed an indecent act by using the victim's state of impossibility to resist.

2. Intrusion upon residence and theft;

A. The Defendant invadedd No. 5 and 401 of H’s school affairs at the date, time, place, and place indicated in paragraph (1) and cited three compact Turkey where the market price on the book located in that place is unknown.

Accordingly, the defendant stolen the victim's property.

B. On May 29, 2013, at around 06:30, the Defendant opened a studio in Ulsan-gun, Ulsan-gun, which is located in the vicinity of the said dormitory, and opened a studio 209, up to the second floor via the said studio stairs, and intruded into the said 209, the Defendant used cash and goods worth KRW 5,100,000 in total, including five women’s cosmetics, cash KRW 10,000,000 in the market value of the victim M in the said studio located in the said studio, and KRW 4,000 in the market value.

Accordingly, the defendant is a victim's residence.

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