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(영문) 인천지방법원 부천지원 2018.12.07 2018고합152
성폭력범죄의처벌등에관한특례법위반(주거침입준강간)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete 80 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

The defendant and the victim B (n, 19 years of age) are the same workplace rent relationship between the defendant and the victim (n, 19 years of age) from May 2018 to D in Busan City.

On June 16, 2018, the Defendant, along with the victim, two male fellows, and drinking drinking, entered the building in Bupyeongcheon-si, E, and the "Fmab" business in the third floor on June 16, 2018.

In addition, the defendant and two male colons with the defendant enter one room, and the victim himself/herself enter other room, but the victim was able to sleep, but the defendant was able to have sexual intercourse with the victim who was under the influence of alcohol.

Around 08:52 on June 16, 2018, the Defendant opened a door at the room where the victim was in a mast (hereinafter referred to as “the instant marina area”) and intruded into the mast (hereinafter referred to as “the instant marina area”) and went under influence of alcohol, and went off the victim’s fright and panty, and put his sexual organ into the victim’s sound book at one time for sexual intercourse (hereinafter referred to as “the instant criminal conduct”). On June 16, 2018, the Defendant re-entered the instant marina area into the instant marina area, and she was unable to resist due to the Defendant’s mental impulse caused by the instant sexual intercourse, and the fear that the Defendant would be at risk from the Defendant’s sexual intercourse, and the Defendant exceeded panty of the victim, who was in a state of her possession, and made it impossible for the victim to have sexual intercourse at one time through the victim’s sexual intercourse (hereinafter referred to as “the instant sexual intercourse”).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Indicating some of the protocol (two times) concerning the examination of the suspect against the defendant by the prosecution;

1. Protocols and statements made by the police with respect to B (second time) and protocols made by the police with respect to G;

1. State and water appraisal results, and genetic appraisal reports;

1. Investigation report (related to telephone conversations between victims);

1. A report on internal investigation (on the spot;

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