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(영문) 청주지방법원 2012.11.09 2012고합249
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 40 hours.

Reasons

Punishment of the crime

1. On July 29, 2012, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Housing Rape, Rape, etc.) discovered that female clothes were personalized in the second floor of the building located in the Cheongju-gu Seoul Metropolitan Government (the age of 35) around 04:00 on July 29, 2012, and tried to rape the victim.

The defendant, who had a hallway installed in the window of the victim's house, display the crime prevention window by hand, and intrudes the victim's and his children (five years of age) into the cresh, and led the victim's resistance to the victim's body in the state of being able to catch the victim's neck and enjoy the victim's neck by hand.

The Defendant, in one hand, off all the clothes and clothes kept by the victim while enjoying the part of the victim, and moved back to side with the victim, “I am I am I am I am am I am am sI am am sI am am sI am am sI am am I am am I am I am am I am am I am I am I am am I am I am I am I am am I am I am am I am I

The Defendant continuously inserted a sexual organ into the victim’s resistance, stating, “I am hump, hump, hump, hump, rape, hump, hump, hump, and sound.”

As such, the Defendant infringed upon the victim’s residence and raped the victim.

2. Around 102:00 on August 1, 2012, the Defendant: (a) when the said victim D was dead, entered the building entrance via the entrance of the building; (b) continued to open the third floor of the building; and (c) opened the shock network installed on the window in the corridor in his/her hand; and (d) attempted to remove the shock network installed on the window in his/her corridor in his/her hand, and enter the house, thereby infringing on the victim’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Records of seizure and the list of seizure;

1. Application of the law of evidence photographs and field photographs.

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