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Reasons
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(영문) 수원지방법원 성남지원 2013.11.21 2013고합154
성폭력범죄의처벌등에관한특례법위반(절도강간등)등
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1. The defendant shall be punished by imprisonment for a period of four and a half years;

2. One (No. 1) of the aftermash (man, etc.) seized by the Defendant.

Reasons

Punishment of the crime

1. On May 25, 2013, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (thief, rape, etc.) discovered that the victim D (at around 03:00, 51 years old) who resided in G in Young-gu, Young-gu, Gyeonggi-gu, Seoul Special Metropolitan City was under the influence of alcohol and went through the house of the victim.

The Defendant discovered that the victim was frightened in a ward without the location of clothes breath due to the gap of windows, purchased 1 punishment (Evidence No. 2) from the E convenience store in the vicinity, worn it in a double hand, and then 50,000 won in cash from the wall left in the ward after breaking down the crime prevention window of the victim's house, breaking out the wall, and intrusion through the window, and then cut off 50,000 won in cash from the wall left in the ward.

The Defendant continued to have sexual intercourse with the victim who was under the influence of alcohol, exceeded the victim’s standing, and exceeded the victim’s body. The Defendant did not commit an attempted crime but did not commit it with the wind to escape from the body of the victim, “I am feas, I amfeas, I amfeas.”

2. On June 18, 2013, the Defendant: (a) around 24:00, on the front day of the Jung-gu Seoul Special Metropolitan City, Sung-gu, Sungnam-gu; (b) knew in his deliberation, and thereafter, (c) requested a victim H to exchange one KRW 1,000,000 of the check which he stolen from the victim H; and (d) proposed that the check is a stolen, the Defendant, knowing that it is a stolen, kept the check in cash.

Summary of Evidence

[1] Article 1 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc.)]

1. Statement by the defendant in court;

1. Statement of statement of the police officer in D (victim) and I (person with a scambling);

1. On-site reports on results of field identification and photographs of identification;

1. Photographss and photographs of suspects taken in front of the scene of the crime;

1. A blackbbox and video CD, a video CD;

1. Evidence Nos. 1 and 2 (Ap. 1 punishment for a crime) / [Article 2 of the Criminal Facts]

1. Statement by the defendant in court;

1. The statement of the victim to H prepared by the police.

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