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(영문) 대구지방법원 경주지원 2016.05.09 2015고합77
성폭력범죄의처벌등에관한특례법위반(주거침입강간)
Text

A defendant shall be punished by imprisonment for five years.

The defendant shall order the completion of a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On November 2015, the Defendant became aware of the fact that the victim was able to have access easily because he did not have a gate in the said residence, while performing the fence construction at the victim E (V, 67 years of age)’s residence in the Seocho-si.

On November 26, 2015, the Defendant opened a house entrance without the victim’s permission under the pretext of demanding the payment of the price for the said construction at around 22:00 to 23:00, and intruded into the inner bank where the victim was locked through the living room.

The defendant is required to report to the victim who intends to turn a shouldered light, etc. in diving.

It is only dead.

“Abrupted, she was placed on the part of the victim, she was frighten, she was placed on the part of the victim, she was placed on the part of the body of the victim, she was divided into the body of the body of the victim, pressureed the victim into the body, and she was off off the part of the victim’s bar and clothes, and sexual intercourse was committed once by inserting the sexual flag into the part of the victim’s

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Act and subordinate statutes to a report on investigation (on-site investigation and relative investigation of the victim's family members), a report on investigation (Attachment of photographs of the victim's residence), 12 copies of photographs of the scene of the crime, a report on seizure and list of seizure of the person on December 4, 2015, a report on investigation (Attachment two copies of a gene appraisal report), a report on appraisal request;

1. Relevant Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319(1) and 297 of the Criminal Act, and choice of imprisonment with prison labor for a limited term, with prison labor for an offense;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49(1) of the Act on the Protection of Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49(1) of the Act on Special Cases concerning

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