beta
(영문) 수원지방법원 2018.01.18 2017고단7105

특수주거침입등

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 6 shall be confiscated.

Reasons

Punishment of the crime

[criminal history] The defendant was sentenced to imprisonment for six months as a crime of violating the Road Traffic Act in the assistance of the Sugwon of Suwon Friwon on May 26, 2016, and was sentenced to two years of suspension of execution for six months, and the judgment became final and conclusive on June 3, 2016, and is currently under suspension of execution.

[Criminal facts]

1. On October 9, 2017, at around 23:30 around 23:30, the Defendant went to the residence of the victim of the same studio 205, by inserting the mind to rape the victim D residing in the next house, and by inserting the victim’s resistance (23 cm in total length, 13 cm in length) in preparation for the case where the victim resists.

Accordingly, the defendant carried dangerous things and invaded upon the victim's residence.

2. The Defendant, at the time of the day set forth in the above paragraph (1) of this Article, assaulted the victim by breaking the victim’s sound her home at the victim D (man, 37 years of age)’s residence, intending to not rape the victim, and return to the Defendant’s residence, she heard the victim’s sound her home, standing in the benda, standing in the benda and hiding the victim. The Defendant discovered the victim and she was her seated with the victim who want to flee, and prevented him/her from leaving his/her home with his/her left hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecutor and police with regard to D;

1. 112 Reporting case handling table;

1. A protocol of seizure and a list of seizure;

1. CCTV images to be cut and the case location photograph;

1. Previous convictions: Application of inquiry letter, such as criminal history, (A) and Acts and subordinate statutes concerning report on investigation (Attachment to judgment of stay of execution);

1. Relevant legal provisions of the Criminal Act, Articles 320, 319 (1) of the Criminal Act (a point of special intrusion) and Article 260 (1) of the Criminal Act (a point of assault and a point of imprisonment with prison labor) concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the Defendant intrudes on the residence of the victim by inserting excessive amount in preparation for the case where the victim resists the victim and resists the victim.