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(영문) 부산지방법원 2013.11.22 2013고합673
성폭력범죄의처벌등에관한특례법위반(강간등치상)등
Text

A defendant shall be punished by imprisonment for six years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

1. On August 30, 2013, at around 02:23, the Defendant entered the entrance, opening a entrance in which the consent of the E University Women’s Dormitory F was not corrected, and opened and entered the entrance, at around 02:30 on the same day, the Defendant resided in the victim G (or at 19 years old) with the address of the victim G (or 19 years old).

Accordingly, the defendant invadedd the victim's residence.

2. Around 03:00 on August 30, 2013, the Defendant: (a) opened a door that has not been corrected under any of the subparagraphs of A Dong 3 of the said dormitory A residing in the victim H (the age of 18) and intrudes on the victim’s residence; (b) in the human body, the Defendant prevented the victim from suffering from defective damages due to the victim’s sound frighting, the Defendant from suffering from the defect; and (c) “I am off the victim’s head, flad, h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h.h. h. h. h. h. h. h. h. h

As a result, the defendant intruded the victim's residence and raped the victim, and thereby, the victim suffered injury to the outside reproductive technology whose days of treatment cannot be known.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Each police statement of H and G;

1. Seizure records;

1. Police investigation report (CCTV's extraction, attachment, etc.);

1. Application of diagnosis certificates, response statutes to requests for appraisal;

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act (the points of intrusion upon residence, the choice of imprisonment), Articles 8 (1) 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 criminal facts;

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act (a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment (a concurrent crime resulting from rape, etc.) shall be concurrent crimes;

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