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(영문) 수원지방법원 평택지원 2013.12.11 2013고합107
성폭력범죄의처벌등에관한특례법위반(특수강도강간등)
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A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to take a lecture for sexual assault treatment for 80 hours.

Reasons

Punishment of the crime

On August 9, 2013, at around 06:35, the Defendant discovered a victim returning alone while under the influence of alcohol in front of the victim E (n, 34 years of age) in Pyeongtaek-si D, and subsequently, found the victim into his house by opening the entrance door and entering the residence of the victim, and stolen the victim by putting 20,000 won in cash located in the main room of the victim, and then putting the victim into the main knife (18cc in length) of the main knife, which is a deadly weapon located on the kitchen knife of the main knife, knife, knife the victim’s knife and knife the victim’s knife., and inserted the victim’s knife into the main part of the victim’s knife.

After panty and balk, the Defendant stated “Wook kn,” and knick, which is a deadly weapon, received 1.3 million won in cash from the victim, by threatening the victim to visit the knick, which is a deadly weapon.

Accordingly, the defendant stolen the victim's property, and intruded the victim's house, and raped the victim with a deadly weapon by having sexual intercourse once, and forcibly taken the victim's property by threatening the victim with a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. Investigation report (a CCTV analysis, etc.);

1. Application of Acts and subordinate statutes, such as field photographs;

1. Article 329 of the relevant Act on the Punishment, etc. of Sexual Crimes; Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Articles 319 (1) and 297 of the Criminal Act; Article 4 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 297 of the Criminal Act; Articles 334 (2) and (1), and 333 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crime of intrusion upon residence, rape, etc.)

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