(영문) 의정부지방법원 2018.01.12 2017고합368

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(영문) 의정부지방법원 2018.01.12 2017고합368

성폭력범죄의처벌등에관한특례법위반(주거침입강간)등

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

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On October 11, 2017, the Defendant committed an indecent act by: (a) finding out the victim D (a) who was married home in front of the △△△ apartment located in Gyeonggi-do, Namyang-si, △△△△△△, and following the victim for rape; (b) on the same day, the victim entered the password of the 1st floor above the said apartment, carried the victim into the apartment, pushed off the victim into the apartment, and intrudes the victim into the apartment, threatening the victim into the stairs of the 1st floor above the said apartment, threatening the victim from moving into the apartment, threatening him into the clothes of the victim; and (c) putting him knick into the clothes of the victim, and putting him in the knick inside the clothes of the victim.

At around 02:30 on the same day, the defendant continued to board the elevator with the victim who intends to get out of the scene of damage, and forced the victim to get out of the elevator on the second floor, and forced the victim to get out of the stairs between the second floor and the third floor so that the victim cannot report the victim, and forced the victim to get out of all the lower part of the cell phone so that the victim cannot report it, and forced the victim to leave the door by force, and then "less any sound shot away", the defendant collected the finger into the negative part, and continuously added the finger into the negative part, but attempted to rape by continuously inserting his sexual organ into the negative part, but it did not go into the normal part, thereby making the head of the victim smooth, or entering the knive part, the chest, chest, and anus, etc. of the victim who did not be inserted.

Accordingly, the defendant did not commit rape by infringing upon the victim's residence, and did not commit an attempted rape.

around 03:28 on July 2, 2017, the Defendant driven an ES5 car from the front side of the “walk” way to the 117-34 front side of the Kuri-si Changdong, which is under the influence of alcohol content of 0.141% in the blood while under the influence of 0.141% in the blood without a driver’s license.

Summary of Evidence

"2017 Gohap 368"

1. Statement by the defendant in court;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. D. D.

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