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(영문) 대구지방법원 김천지원 2014.03.28 2013고합127
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete a sexual assault treatment program for 100 hours.

Reasons

Punishment of the crime

1. Around 00:05 on September 23, 2013, the Defendant found the victim D (at the age of 21) who returned home in the vicinity of the Cudio in the Gu and America on the Special Act on the Punishment, etc. of Sexual Crimes (such as Residence, Rape, etc.) and had a desire to commit rape.

The Defendant followed the victim, following it, opened the studio 302 above the studio of the victim's residence and opened the studio 302 room, and opened the studio, pushed the victim's neck and pushed the stude into the stude, cut the stude, cut the stude with the victim's hand over, and cut over the stude.

The Defendant promised that the other victim listed on the part of the victim would not get sound, and caused the victim to sit his hand at the victim's entrance, and made the victim sit in the room room, and made the humd increase, and threatened the victim with “defensingly,” thereby suppressing the resistance, and forced the victim to leave his chest, and forced the hume and panty, and rape once after having sexual intercourse with the victim.

2. The Defendant attempted to commit robbery, at the time and place set forth in paragraph (1), rape the victim at one time, and to force the victim to take money inside the victim’s wall, stating that “in the event of money, the victim has a money,” and to force the victim to take money within the victim’s wall, but did not contain money inside the wall.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement made to D by the police;

1. A police internal investigation report (in cases of attaching field photographs), a police investigation report (in cases of specifying a suspect, on-site inspection of a suspect A, and attaching photographs);

1. Requests for fingerprinting, on-site identification reports, fingerprinting personal identification of rape incidents, fingerprinting the results of fingerprinting assessment at the scene of crime, and the application of statutes in response to the results of genetic assessment;

1. The occupation of a residence intrusion and rape under Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant criminal facts, Articles 319(1) and 297 of the Criminal Act;

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