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(영문) 광주지방법원 순천지원 2016.10.27 2016고합69
성폭력범죄의처벌등에관한특례법위반(주거침입강간)
Text

Defendant

A Imprisonment with prison labor for two years and for two years and six months, respectively.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

1. Defendant B, at around 02:00 on March 2015, at the house of the Defendant’s female-friendly fat-gu women-friendly fat-gun, Mae-gu, Mae-gu, Mae-gu, Mae-gu, and 17 years old, drinked the above F after drinking together with the victim and F with the victim, and her mind that the victim is in a mixed drinking house or was able to rape the victim. The Defendant, beyond the wall of the above victim’s house, she went into the house through the front door and intruded the room where the victim was under the influence of alcohol, she got off the clothes of the victim who was under the influence of alcohol, and she had sexual intercourse once by inserting the Defendant’s sexual organ into the part of the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

2. At around 05:00 on January 9, 2016, Defendant A, at the place specified in paragraph (1), had been aware of raped by the victim with a flat face with which the said B had been under influence of alcohol at the place indicated in paragraph (1). However, Defendant A, on the following grounds: (a) had a mind to rape the victim in the same manner as that of the said B.

The defendant tried to have kis by impairing the victim's hand through the window installed in the computer room beyond the victim's house room, and into the room where the victim was divingd, and to kis by suppressing the victim's hand, but the defendant tried to commit the crime of rape by infringing upon the victim's house, but he did not want to enter the victim's house through the entrance outside the victim's house room, and he did not want to control the victim's hand and kis by suppressing the victim's hand.

However, the victim made a very detailed and consistent statement to the effect that “the victim reported that the Defendant was entering the house and got off the house, but the Defendant tried to catch both arms of the victim and set kis,” and the victim is always subject to the control of the door at all times because he was quasi-raped by the Defendant B.

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