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(영문) 청주지방법원 충주지원 2016.08.11 2016고합20
성폭력범죄의처벌등에관한특례법위반(주거침입강간)
Text

A defendant shall be punished by imprisonment for six years.

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

Reasons

Punishment of the crime

[Criminal record] On September 6, 2013, the Defendant was sentenced to two years and six months of imprisonment with prison labor for the attempted special larceny in the assistance of the Suwon Friwon, and completed the execution of the sentence on November 21, 2015.

[2] On April 23, 2016, the Defendant: (a) knew of around 07:00 on April 23, 2016 that the victim C (name, 31 years of age) was married; (b) had the victim’s house located in C with the intent to rape the victim; and (c) had the victim’s house located in C with the intent to rape the victim; and (d) had the victim’s home, who had not been corrected, opened a window with the victim’s house and intruded into the victim’s house.

Afterwards, the defendant covers the victim's face, booms the victim's face by hand, and booms the victim's hacks the victim's hacks the victim's hacks the victim's hack.

” 라며 피해자의 반항을 억압한 후, 피해자의 바지와 속옷을 벗기고 손가락을 피해자의 음부에 넣고, 입으로 피해자의 음부를 빤 후 자신의 성기를 삽입하려 하였으나 성기가 발기되지 않아 삽입을 하지 못하였다.

Accordingly, the defendant promptly enters the victim's sexual organ.

Although the victim puts his or her sexual organ into the victim, "I do not have any intention to kill" the victim.

“The victim entered the victim as soon as her gender.”

Since then, the defendant added his sexual organ to the victim's sexual organ with the victim's sexual organ and the victim's sexual organ changed with his own sexual organ. When the sexual organ occurred, the defendant inserted his sexual organ into the victim's sexual organ.

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

Summary of Evidence

1. Partial statement of the defendant;

1. C's legal statement (the credibility shall be recognized when comprehensively considering the structure and consistency of the victim's statement, the details of the damage's statement, the relationship with the defendant, etc.);

1. The prosecutor of each protocol of seizure clearly expressed his opinion that the seized article should be confiscated, but the seized article shall at the time of crime.

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