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(영문) 서울중앙지방법원 2017.02.10 2016고합1232
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

A defendant shall be punished by imprisonment for six years.

Part 1 (Evidence No. 1), part 1 (Evidence No. 2), part Kamera (Evidence No. 2) and key.

Reasons

Punishment of the crime

The defendant, who had a sense of care for the victim C (a family name, 32 years of age), was in the place of work, was killed in the victim's house, and tried to kill the victim's dwelling space, and rape the victim. On June 2016, the defendant took the victim's house inside the office located in Gwanak-gu in Seoul Special Metropolitan City, Nowon-gu, and made neighboring key knife the key at the victim's home and made the victim's key copy the key at the victim's home, and had the victim's house knife knife back the key at the victim's house.

1. Intrusion upon residence;

A. On June 21, 2016, around 16:00 on June 21, 2016, the Defendant opened a door door by using the key of the victim’s house prepared in advance by the victim’s house located in Gwanak-gu in Seoul Special Metropolitan City, by using the said key to the victim’s house.

The defendant's cell phone taken the victim's house with the cell phone of the victim.

B. On October 2016, the Defendant entered the victim’s house at the same place as the above paragraph (a) at around 21:00, on the date in order of the first half of 2016, in the same manner as the above paragraph (a).

The defendant's cell phone taken photographs of the victim's house with his cell phone.

Accordingly, the defendant violated the victim's residence more than twice.

2. Correction of the facts charged in accordance with the facts obtained through the examination of evidence without any amendment to the indictment to the extent that it does not impede the Defendant’s exercise of his/her right to defense, such as rape, etc.

On October 2016, the Defendant purchased an examination color of snow and sludge materials, mixed sea, handbage, transparent tape, etc. at the Internet shopping mall, miscellaneous store, etc. with the mind of rape of the victim who returned home after coming to the house of the victim.

On November 3, 2016, the Defendant, at around 21:30, possessed the goods purchased as above, and digital cameras to photograph rapes, and the foregoing 1-A.

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