beta
(영문) 춘천지방법원 2018.04.11 2018고단143

주거침입

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant, who is a developing company (State B), was an employee of the said company, and the victim C (the age of 28) was an employee of the said company. On December 14, 2017, the Defendant completed a meeting with the employees of the said company, including the Defendant and the victim, and committed rape with the said Defendant who lost his mind while taking care of the gathering of the victim.

A complainant is a person who filed a complaint.

On December 18, 2017, at around 20:40, the Defendant sought from Chuncheon-si D and 203, which is the victim’s residence, and opened a door to her door and door to talk about the case of rape with the victim. However, on December 14, 2017, the Defendant, who was aware of the victim’s digital escape number and opened a door to her door.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of field photographs, CD 1 statute;

1. Article 319 of the Criminal Act applicable to the crime, Article 319 of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the Defendant’s act at the place where the crime was committed, the agreement, etc., shall be considered as the primary sentencing factors. In addition, comprehensively taking into account all other circumstances, including the Defendant’s age, sex, environment, circumstances surrounding the crime, and circumstances after the crime, etc., the sentence as set forth in the instant argument shall be determined as ordered.