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(영문) 서울서부지방법원 2016.05.12 2015고합312
준강간등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Quasi-rape: (a) on October 18, 2015, from around 03:30 to around 05:00, the Defendant, at the Eunpyeong-gu Seoul and D 10 heading room in the second floor; (b) on the part of the victim E (V, 38 years old) who was in a non-smoking state due to drunk, engaged in sexual intercourse by inserting the clothes of the victim E (V, 38 years old) and inserting the sexual organ into the same.

2. The Defendant, at the above date and place, taken the part of the victim’s conspiracy against his will, using a cell phone (LG F560K), a mobile phone (LG F560K), which has the function of photographing a camera photographing the victim who was in his/her possession by taking the crymera, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

3. On October 18, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape in Residence) went through singing rooms around 05:00 and went to the front of the victim’s house in Eunpyeong-gu, following the said victim’s back.

Since then, the Defendant: (a) entered the gate into the gate by getting out of the wall installed on the side of the gate to throw away the gate; and (b) opened an unreshed window and opened the kitchen into the house, and opened the corrected gate by inserting the excessive passage in the kitchen in the cresh of the kitchen, and intrudes on the way.

As a measure, Defendant 1: (a) forced the victim’s body located on the part of the victim, who was suffering from the victim’s body, into the part of the victim’s body; (b) forced the victim to leave his inner clothes; and (c) inserted his sexual organ into force.

Accordingly, the defendant invadedd the victim's residence and raped the victim.

4. Intrusion upon residence;

A. From around 01:00 to around 04:40 on November 4, 2015, the Defendant entered the victim’s house as described in paragraph (3) by using a bridge installed in the lower wall, and infringed upon the victim’s residence by opening the window of an unrecepted ward and entering the house up to the house.

B. The Defendant, from around 09:40 to around 14:15 on the same day, at the same place.

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