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(영문) 서울남부지방법원 2013.10.17 2013고합278
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 00:10 on May 24, 2013, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (including Residence Rape, Rape, etc.) followed the victim E (in female, 25 years of age) from the D Station located in Gangseo-gu Seoul Metropolitan Government C on May 24, 2013, and went back to the above apartment entrance by getting out of the victim's house located in Gangseo-gu Seoul Metropolitan Government 503, and then

The defendant reported that the victim continued to stop on the third floor, that the victim saw up to the third floor from the stairs 310th floor of the victim's house, and prevented the victim from resisting her back from the corridor front of the 310 entrance door of the victim's house, and then prevented the victim from participating in the victim's hand. The defendant forced the victim to commit an indecent act by putting the victim's hand into the left hand in front of the clothes.

Accordingly, the defendant committed an indecent act by force against the victim by impairing the residence of the above apartment residents including the victim.

2. At around 00:10 on May 24, 2013, the Defendant: (a) committed an indecent act by force against the victim in the manner prescribed in paragraph (1) in front of the front door of the victim E (n, 25 years of age) located in Gangseo-gu Seoul Metropolitan Government F apartment 503 Dong 310,000; and (b) took a 150,000 won or more per market price of 1,50,000,000 won or more per market price of cash owned by the victim; (c) and (d) took a gallon of the market price of 80,000,000,000 won or more per market price of 1,000,000,000 won in a gal-galno smartphone.

Summary of Evidence

1. A legal statement stating that there exists an indecent act by force of the victim and a seed brings about the victim's bags by force, such as the time and place recorded in the facts charged by the defendant;

1. Statement of the police statement of E;

1. A criminal investigation report (CCTV video confirmation case, recovery of damaged products and response reports on the results of identification and hearing statements by victims);

1. Determination as to the assertion of the Defendant and defense counsel of CCTV images, the victim’s photographic photo, and the victim’s defense counsel

1. The accused as to whether he has invadedd his residence; and

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