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(영문) 대구지방법원 상주지원 2015.07.02 2015고합13
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On August 12, 2014, the Defendant was sentenced to ten months of imprisonment with prison labor and two years of suspended execution due to property damage, etc. in the resident support of the Daegu District Court, and is currently pending in the appellate court at the Daegu District Court.

1. Intrusion upon residence;

A. On May 10, 2012, the Defendant: (a) entered the victim K’s house located in theJ around 10:0 on May 1, 2012, through the gate opened to the victim K’s house; and (b) invaded upon the victim’s residence.

A prosecutor has instituted a public prosecution in accordance with the reasoning of the case described in Paragraph 1(a) and Paragraph 2(b).

However, in full view of the evidence adopted and examined by this court, at the time of the case described in paragraph 1(a) of the judgment when the defendant and the victim L were in panty only, and the defendant appeared in the ward, and due to this, the victim L aggravated the relationship between the defendant and his wife, and thereafter the case described in Paragraph 1(b) of the judgment.

Therefore, the written indictment and the order are different and recorded as stated in its reasoning.

B. On May 10, 2012, around 10:00, the Defendant entered the victim’s house through the gate, which was opened to the victim’s house in the place indicated in the above paragraph (a), to use the phone, and invaded upon the victim’s residence.

C. At around 07:00 on May 2014, the Defendant, while drunkly drinking at the place indicated in the above paragraph (a) above, opened a large strings and door, set off the above entrance, and pushed the victim who prevented him, and opened a kitchen and intrudes on the victim’s residence.

2. On November 201, 2012, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (such as Residence Rape, Rape, etc.) intrudes into a ward through a gate opened in the House of the Victim K (Inn, at the time of 46 years of age) located in the J around 08:10, and cats in the scat of the ward.

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