(영문) 대구지방법원 2018.03.16 2017고합443

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(영문) 대구지방법원 2018.03.16 2017고합443

성폭력범죄의처벌등에관한특례법위반(주거침입강간)

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On June 26, 2017, at around 12:00, the Defendant sought the victim again in the front door of the apartment site of the victim D (Woo 19 years old) who was the victim at approximately one week in the Daegu Suwon-gu, Daegu-gu, Daegu-gu, and demanded the victim to return again, but the victim was refused to return to the victim. However, the Defendant followed the victim again by the victim’s words “after a meal.”

The Defendant demanded the victim to enter the house in front of the apartment building in P.M. on the same day, but was rejected from the victim, and caused the damage to the victim, thereby leaving the cell phone cited in his hand on the floor and putting him on his hand.

After driving away an elevator by getting out of the front door of the apartment, the defendant had the victim feel frighten, passed through the front door of the apartment house, and the victim entered the password and opened the front door of the house, and intrudes the victim's residence into the house.

The defendant continued to leave the victim's body at home, without refusing the victim's demand, putting the body of the victim on the bed, knife, knife the victim's body, knife the victim's knife and panty, knife the victim's knife by hand, knife the victim's body on the part of the victim's body, and over the victim's resistance to the victim's body, and inserted the sexual flag into the sexual flag of the victim's body.

Accordingly, the defendant invadedd the victim's residence and raped the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (to attach CCTV photographs and moving images to the victim's residence);

1. Application of each request for appraisal-related Acts and subordinate statutes;

1. Article 3(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes, and Article 319 of the Criminal Act.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제3조 제1항

-형법 제319조

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