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(영문) 서울북부지방법원 2015.01.23 2014고합477
성폭력범죄의처벌등에관한특례법위반(주거침입유사강간)등
Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On June 2014, the Defendant, who became aware of in the church around 2014, had a sense of care against the victim D (Woo, 17 years of age, Gaz) and continued to wait before the victim's house since August 2014, and scking the victim by enjoying the victim's house level.

On September 17, 2014, the Defendant: (a) around 20:00 on September 20, 2014, the Defendant “Absponsed the Victim’s house in Seoul Special Metropolitan City, Nowon-gu, “Absponsed the Victim’s house,” and (b) had the Victim’s house opened by cutting the door door with the heater who opened the house, and intrudes the Victim’s house, and continuously led the Victim into the room, and forced the Victim’s house into the bed, and forced the Victim’s shoulder part into the bed part, cut off the part of the Victim’s shoulder and panty with another hand, and rape the Victim by inserting the Defendant’s hand into the part of the Victim’s house.

Summary of Evidence

1. Partial statement of the defendant;

1. A statement recorded in D's oral or video CDs made by the prosecution;

1. A statement recorded in police recording CDs with D;

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of data, such as the content of conversation between the victim and Kakaooo), and a criminal investigation report (additional submission

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 297-2 of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment for life;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The main sentence of Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Determination as to the assertion by the Defendant and his/her defense counsel under the main sentence of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. Summary of the assertion

A. The defendant's entry into the victim's residence under the victim's implied understanding or under the victim's implied understanding. Thus, there was no intention of intrusion upon residence.

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