beta
(영문) 서울중앙지방법원 2012.12.27 2012고합1487

성폭력범죄의처벌및피해자보호등에관한법률위반(주거침입강간등)등

Text

A defendant shall be punished by imprisonment for four years.

The information on the accused shall be disclosed through an information and communications network for four years.

Reasons

Punishment of the crime

1. The defendant at around 05:00 on August 20, 206, the Act on the Punishment of Sexual Crimes and the Protection, etc. of the Victims (residential Rape, etc.) led to a studio-type residence of the victim D (the age of 22 at the time) located in Seongbuk-gu Seoul, Seongbuk-gu, to prevent the victim from suffering from a ward through the window of the victim’s toilets without correction, and to prevent the victim from suffering from his body of the victim with one hand, and make the victim her face and chest at a drinking time, and her chests off the victim’s resistance by threatening the victim “I would die at time of her horse,” and led the victim, she exceeded the strings of the victim, she exceeded the victim’s clothes, and tried to commit rape by inserting the victim’s sexual organ into the part of the defendant’s body and inserting the victim’s her face into the part of the defendant’s body, but tried to complete the victim’s her hack.

2. The robbery Defendant attempted to rape the victim on the same date, time, and place as mentioned in the above paragraph (1), but the victim resisted the resistance and failed to achieve its intent, and the victim covered the victim, which was frightened with a breath, prevented the victim from resisting it, and 40,000 won in cash from the Handbbbba on the floor of the living room.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 12 and Article 5(1) of the Act on the Punishment of Sexual Crimes and the Protection of Victims thereof (amended by Act No. 8059, Oct. 27, 2006); Articles 319(1) and 297 of the Criminal Act; the main text of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010; hereinafter “former Criminal Act”); Article 33 of the Criminal Act; the main text of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 201; hereinafter “former Criminal Act”).