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(영문) 부산지방법원 2018.05.25 2016고합892
성폭력범죄의처벌및피해자보호등에관한법률위반(주거침입강간등)등
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A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

On November 29, 2009, around 03:30 on November 29, 2009, the Defendant opened a gate which was not corrected at the residence of the victim C (V, 34 years old) located in Busan Shipping Daegu B, and intruded into it.

The defendant gets up the body of the victim who was on the part of the victim who was on the part of a bed and was in the bed while putting a deadly weapon in the bed, and then go over the excessive amount to the victim, and "I am a sound part of it."

“Intimidating a female’s resistance, she exceeded, and was in sexual intercourse once with, the victim’s subordinate body.

As above, the Defendant infringed upon the victim’s residence, while carrying a deadly weapon, and raped the victim.

Summary of Evidence

1. Legal statement of the witness D;

1. Each statement of the witness E and F in the seventh public trial records;

1. Statement made by the witness G in the eight-time public trial records;

1. Statement of the witness C and H in the nine-time public trial records;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to C;

1. Responses to requests for appraisal, replies to the results of fingerprinting at the scene of the crime, and replies to the results of fingerprint searching and appraisal;

1. Responses to fingerprint appraisal, and notification of the result of appraisal;

1. Each investigation report (including accompanying materials in the table of evidence 6, 10, 11, 21);

1. The application of statutes of the National Police Agency (i.e., December 2017) as a result of an inquiry into the facts of the National Police Agency, such as site photographs, fingerprints search and response to materials for appraisal, conditions and results of a request for fingerprint search in 2015 and 2009;

1. Article 5(1) of the former Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (amended by Act No. 10258, Apr. 15, 2010); Article 319(1) of the Criminal Act; Article 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012); Article 6(1) of the former Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (amended by Act No. 10258, Apr. 15, 2010; Act No. 11574, Dec. 18, 2012); Article 6(1) of the former Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (amended by Act No. 10258, Apr. 15, 2010; Act No. 11574, Dec. 18, 2012>

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