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(영문) 대전지방법원 홍성지원 2018.12.13 2018고합52
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
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A defendant shall be punished by imprisonment for five years.

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

Reasons

Punishment of the crime

The Defendant and the Victim B (the age of 91) invaded on the victim’s house by using the fact that the Defendant was living together with neighbors in the same club, and the Defendant was living with the victim being married and living mainly with the aged, with the inconvenience of living.

1. On May 2018, the Defendant: (a) opened a door door to the victim’s house located in Bohyeong-si, Bohyeong-si; (b) divided the victim’s bridge located above the body of the victim and opened inside the house into arms; (c) forced the victim’s resistance against the victim; and (d) exempted the victim’s panty and panty, and inserted the sexual flag into the part of the victim’s sound.

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

2. On June 25, 2018, around 09:50 on June 25, 2018, the Defendant: (a) opened a door door at the victim’s house; (b) opened the victim’s body and divided the victim’s bridge into arms; and (c) forced the victim’s resistance; and (d) attempted to get off the victim’s panty and panty panty, and inserted the sexual flag into the part of the victim’s body; (b) however, the Defendant was not able to enter the victim’s house into the victim’s room.

Accordingly, the defendant invadedd the victim's residence and tried to rape, but attempted to commit an attempted crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of B and D;

1. A protocol concerning the interrogation of the accused by the prosecution (two times);

1. A report on internal investigation (Attachment of field photographs);

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Article 319(1) and Article 297 of the Criminal Act (a) of the Criminal Act, Articles 15 and 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319(1) and 297 of the Criminal Act concerning the punishment of sexual crimes, Articles 319(1) and 297 of the Criminal Act;

1. Articles 25(2) and 55(1)3.

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