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(영문) 부산지방법원 동부지원 2013.12.20 2013고합185
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
Text

A defendant shall be punished by imprisonment for five years.

disclosure and notification of information on the accused for five years.

except as disclosed and.

Reasons

Punishment of the crime

1. Around September 26, 2013, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (including Residence Rape, Rape, etc.) opened and intruded the window of the victim who was under the influence of alcohol at the bed, and inserted the panty panty of the victim, who was under the influence of alcohol at the bed, in mind of sexual intercourse with the victim C (n's scam, scam, and scam) which was temporarily set at the bed, and had the victim’s panty, who was under the influence of alcohol at the bed.

Accordingly, the defendant infringed upon the victim's residence and has sexual intercourse with the victim by taking advantage of the victim's mental condition.

2. After the date and time specified in paragraph 1, and the completion of sexual intercourse at a place, the Defendant made intimidation to the victim C, “In the event of reporting to the police.” The Defendant made intimidation by verbally signing a resident registration certificate and a card affixed.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. The written statement of the defendant;

1. Application of Acts and subordinate statutes to a report on the occurrence of a crime, investigation report (Rape), site identification report, report on results of field identification, request for appraisal of a survey report, investigation report (explosive investigation report around the place where such report has occurred), records of sexual assault victims, investigation report, notification of identity verification of rape cases, investigation report, notification of identity verification of rape cases (specific suspect), investigation report, response to investigation report ( listening to victim's counter telephone statement), investigation report (related to response to requests for appraisal of a victim's emergency key in sexual assault), investigation report (suspension within a toilet change period, suspension of a toilet change, consent to DNA collecting DNA of the suspect), investigation report (related to a suspect's response to a suspect's Gu lecture

1. Relevant Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319(1) and 299 of the Criminal Act concerning criminal facts, and Article 283(1) of the Criminal Act concerning punishment of sexual crimes;

1. Of concurrent crimes, the punishment, etc. of a sexual crime heavier than the punishment under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

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