(영문) 대구지방법원 포항지원 2016.02.15 2015고합116

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줄 간격

자간(%)

(영문) 대구지방법원 포항지원 2016.02.15 2015고합116

성폭력범죄의처벌등에관한특례법위반(강간등상해)

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A defendant shall be punished by imprisonment for five years.

To order the accused to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

On October 17, 2015, the Defendant: (a) driven his own vehicle on the road in front of the D school located in North-gu, North Korea at the port at the port of port, and discovered the victim E (n, 21 years of age) who was under the influence of alcohol, and followed the victim in mind to rape the victim; (b) around 03:30 of the same day, the victim entered the studio building, a residence of the victim located in the North-gu, North Korea, at the port of port of port; and (c) immediately opened the stud door, which was cut down from the vehicle to the string of the second floor; (d) tried to force the victim to enter the above building; and (e) attempted to rape the victim, and (e) attempted to take rape the victim by force; (e) failed to take care of the victim, and (e) failed to take care of the victim, and (e) 30 days of taking care of the victim’s face.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Investigation report (with respect to CCTV images, such as a room and G building);

1. A written diagnosis of injury;

1. Determination as to each photographic counsel’s assertion

1. The gist of the assertion is that the place where the crime of this case was committed is not a victim’s residence, and thus does not constitute a residential intrusion.

2. In the case of intrusion upon residence, a residence called;

It does not simply refer to a house itself, but includes the above summary, such as its quota, and the stairs and corridors used for public use in multi-family housing, such as multi-household houses, multi-household houses, apartment houses, and apartment houses, are essential parts for the exclusive use of each household or household that are used as a residence, and there is a need for the residents to monitor and manage in their daily lives and to protect the peace of de facto residence. Therefore, public stairs and corridors inside multi-household detached houses or multi-family housing, barring special circumstances, are the objects of the crime of intrusion upon residence.

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