beta
(영문) 서울동부지방법원 2018.11.02 2018고합216

성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등

Text

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

To the defendant, the defendant shall complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[criminal records] On December 15, 2016, the Defendant was sentenced to imprisonment with prison labor for habitual special larceny at the Seoul Eastern District Court on March 21, 2016 and completed the execution of the sentence on January 21, 2018.

[Criminal facts]

1. On July 18, 2018, the Defendant infringed upon the residence of the victim via the door door open to the house of the victim C (a person, mar, 57 years old) located in Seongdong-gu Seoul Metropolitan Government (a person, mar, mar, 57 years old).

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc. in Residence) prevents the victim from intrusion into the victim’s residence and leaving the place after confirming that the victim is married, as described in paragraph (1). On the same day, around 02:11, the Defendant opened the screen of the window on the side of the living room after the house in the place specified in paragraph (1) and then intrudes into the victim’s body before the house to rape the victim again, and gets out of the panty tytyty.

The victim's two arms and body are divided into "the victim's two arms and body, suppressions the victim's resistance, and the victim's panty and panty are exempted from the victim's panty." The victim "the remaining defects after the victim's panty," and the defendant's water franchising, and the defendant did not escape from the point of drinking water to the point of drinking water and did not commit an attempted crime.

As a result, the defendant invadedd the victim's residence and tried to commit rape, but did not bring about such rape.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. C’s statement;

1. Protocols of seizure (voluntary submission), list of seized articles, and photographs of seized articles;

1. Investigation report (including additional statements by a victim about the on-site situation, hearing statements by a victim's telephone);

1. Previous convictions: Application of a written reply to inquiry, such as criminal history, the text of the judgment, the current status of acceptance by individuals, and investigation reports (prior convictions and confirmation of repeated crimes) and statutes;

1. Relevant legal provisions and Article 319(1) of the Criminal Act concerning the crime (the point of intrusion upon residence and imprisonment with prison labor);