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(영문) 서울중앙지방법원 2019.06.26 2019고합233
성폭력범죄의처벌등에관한특례법위반(주거침입강간)등
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

excessive one sheet (No. 1) seized shall be confiscated.

For the defendant.

Reasons

Punishment of the crime

around 20:00 on March 3, 2019, the Defendant, as an employee of the delivery agency, was aware of the victim’s residence in the room room located in Gwanak-gu in Seoul Special Metropolitan City (n, 26 years of age) while delivering food to the employee of the delivery agency, he was able to rape the victim.

At around 03:00 to 03:35 on March 4, 2019, the Defendant: (a) opened a crime prevention room in his/her hands when he/she gets on and off the part of the victim’s house building; and (b) intrudes into the studio through windows; (c) prevents the victim from sustaining a knife of the knife; and (d) knife the sound from the knife on the knife.

(h) The knife knife knife knife knife knife knife knife knife knife knife knife knife knife, knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn

The defendant's act constitutes an attempted suspension under Article 26 of the Criminal Act, since he voluntarily ceased to commit the crime and the prosecutor prosecuted this part of the crime as an attempted crime under Article 25 of the Criminal Act. However, according to the victim's statement, the victim mentioned that "the victim does not report it to the defendant," and the defendant's act was committed while he attempted to engage in sexual intercourse, and it can be recognized that the defendant's act was committed in the victim's residence.

Since this differs only from the legal evaluation of the same factual basis, the above facts charged was partially revised without the amendment process of indictment.

There was an attempted attempt.

"2019, 417"

1. On March 2, 2019, the Defendant, who attempted to enter a residence, arbitrarily classified the entrance door password through several times in front of the F, which is the victim E’s residence, while delivering food at the Dotel in Seoul Special Metropolitan City, on or around March 2, 2019, and is against the victim’s will.

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