(영문) 서울서부지방법원 2014.02.19 2014고합16

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2014.02.19 2014고합16

성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등

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1. The defendant shall be punished by imprisonment for a period of two years and six months;

2. Provided, That the above sentence shall be executed for four years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. Around December 17, 2013, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (including Residence Rape, Rape, etc.) committed an act of drinking alcohol at the Dart clubs located in Geumcheon-gu Seoul Metropolitan Government, along with the victim E (nivers, 33 years of age), at a main station in the vicinity of the Fung-gu, with a view to drinking alcohol and drinking the victim to gather, and attempting to rape the victim by entering the victim’s house.

At around 07:25 on the same day, the Defendant was in the vicinity of the victim’s house located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, but the victim said, “I will not know about whether I will be a new wall and female. I will enter the school. I will report.” After having known the victim, the victim opened an entrance and opened a house, and followed by the victim’s shoulder by hand by hand of the defect.

In addition, the Defendant: (a) went the victim into a scam, knife the victim’s body and knife the knife the victim’s knife with knife with knife with knife with knife with knife with knife the victim’s body; and (b) tried to talk with the victim’s chest and knife with knife with knife with knife;

Although the Defendant attempted to rape the victim as above, the victim who had the mind to listen to the Defendant stated that “the victim would report the urine and flick,” was false, and the Defendant did not escape from the toilet and did not realize that intent.

Accordingly, the defendant invadedd the victim's residence and attempted to rape the victim.

2. The Defendant causing property damage, at the time and place indicated in paragraph 1, when the said victim makes a false statement to the Defendant and escaped from a toilet located in the said residence as stated in paragraph 1, it refers to “I will leave the door door at present. I will leave the door door at present at present. I will leave the door door by force. I will see the toilet knife as follows. I will not operate the toilet knife by hand.

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