(영문) 청주지방법원 2013.12.20 2013고합169

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(영문) 청주지방법원 2013.12.20 2013고합169

성폭력범죄의처벌등에관한특례법위반(강간등상해)등

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A defendant shall be punished by imprisonment for five years.

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

Reasons

Criminal facts

1. On August 26, 2013, at around 07:40, the Defendant was living in front of the Cheongju-gu Seoul Building that was located on the first floor of the said building and went beyond the outer wall of the said building in mind to rape the victim D (n, 18 years old), and opened a window at the victim’s residence, and opened a window at the victim’s hand, and opened the crime prevention window installed on the said window by hand.

Accordingly, the defendant invadedd the victim's residence.

2. Around 07:50 on August 26, 2013, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) opened the entrance door of the victim E (inn, 20 years of age) in E (inn, Cheongju-gu), who opened the door to the victim and intrudes the victim, and then opened the door to the victim, and caused the victim's face one time by hand and the victim to be pushed down.

Then, the Defendant threatened the victim, “I will be dead if you report. I will be dead.” The victim was towed, she was placed on the wall, and she exceeded the victim’s will, and brought about the victim’s sexual flag.

Since then, the defendant was able to take the head of the victim who intends to flee to the entrance, and tried to rape the victim, but did not have the intent to commit it on the wind against the victim.

As a result, the defendant invadedd the victim's residence and attempted to rape the victim. During that process, the defendant injured the victim about 3 weeks of medical treatment, such as an open knee, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. E statements;

1. A medical certificate;

1. Application of Acts and subordinate statutes to each photograph and investigative report (related to the attachment ofCCTV images);

1. Relevant legal provisions concerning facts constituting an offense, Article 319(1) of the Criminal Act (the points of intrusion upon residence, the choice of imprisonment), Articles 8(1), 15, and 3(1) of the Act on the Punishment, etc. of Sexual Crimes, Articles 319(1) and 297 of the Criminal Act, and the occupation of rape and injury upon residence.

참조조문

-형법 제297조

-형법 제319조 제1항

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