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(영문) 의정부지방법원 2018.01.25 2017고합444
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
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A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

1. A violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc. in Residence) committed on December 8, 2017, the Defendant: (a) committed rape against the victim by: (b) opening a locked entrance and entering the house entrance of the victim D (the age of 22) in Yangju-si; and (c) exposing the victim’s room into the entrance; (d) attempting to detect and rape the victim’s locked structural part at one hand; (b) keeping the victim’s resistance against the other hand; and (c) intending to rape the victim by forceing the victim’s buckbucks; (d) having the victim’s bucks, the victim resisted and resisted the victim’s buck.

2. Around 04:27 on the same day, the Defendant attempted to commit rape to the victim, as seen above, but the victim knew that he did not properly lock the entrance, thereby opening a knife and breaking the entrance into the entrance of the victim again. However, the Defendant did not commit an attempted rape on the wind where the entrance was installed.

3. On November 5, 2017, the Defendant: (a) around 02:20 on both sides of the Victim F (the 24 years of age) located in E on both sides; (b) opened a glass window after the crypting of the crypt; and (c) searched into the cryp of the cryp of the cryp of the cryp of the cryp of the cryp; and (d) found the cryp of the cryp of the cryp of the cryp of the cryp of the cryp; and (b)

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement of D, G, and F;

1. Each report on investigation;

1. 112 Declarations;

1. Application of the Acts and subordinate statutes to photographs of damage, USB and photographs;

1. Article 15 and Article 3(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, Article 319(1), Article 297 of the Criminal Act (the fact of attempted rape by intrusion upon residence, the choice of organic imprisonment), Article 322 of the Criminal Act.

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