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(영문) 광주지방법원 목포지원 2018.06.07 2018고합7
성폭력범죄의처벌등에관한특례법위반(주거침입강간)
Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On November 30, 2017, on the ground that the victim C (V, 23 years of age) who was the victim of the past school was unable to communicate with the male school after the occurrence of the male school, the defendant was found at the victim's house located in Sinpo City D around 00:20 on November 30, 2017, and was waiting for the victim by opening a window at the house and intrusion into the house and waiting for the victim. On the same day, around 11:03 on the same day, the victim returned home and taken away his cell phone, and confirmed the victim's text message that the victim exchanged with his male school, and the victim " is the same as a bitch bitch."

"Abbandoning the victim's bat with her hand by bating the victim's bat, and bating the victim's satch after the victim filed the defendant, and then moving the toilet out of the house and driving away the victim's satch.

On the other hand, the part of the victim's name was reduced into the body of the victim, led the victim into the body of the body, forced off the clothes of the victim seated on the floor, suppressions other victim's resistance into the body of the victim, and sexual intercourses by inserting the sexual flag into the body of the victim.

Accordingly, the defendant who intrudes upon the victim's residence was raped.

Summary of Evidence

1. The defendant's legal statement;

1. The legal statement of the witness C;

1. Each prosecutor's protocol concerning the suspect interrogation of the accused (including part concerning C's statement);

1. Statement made by the police against C;

1. A report on commencement of internal investigation, a report on internal investigation, and a report on investigation (related to an emergency case and a response to appraisal by a victim);

1. Each gene appraisal report;

1. Application of the Acts and subordinate statutes governing CCTVs and CCTV images CDs by capturing CCTVs;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes and Articles 319 (1) and 297 of the Criminal Act concerning criminal facts;

1. Where the conviction of the criminal facts indicated in the judgment on the registration of personal information is finalized under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the Defendant is a person subject to registration of personal information pursuant to the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc

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