성폭력범죄의처벌등에관한특례법위반(주거침입강간)
A defendant shall be punished by imprisonment for three years.
However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant was a person who was in the position of a contract belonging to the United States Armed Forces in East-do, Gyeonggi-do.
The Defendant got back from 2013 to 2014, and the Defendant returned to the United States. On December 2015, 2015, the Defendant continued to contact the victim even though the victim who returned to another male son does not have to do so.
On February 4, 2016, the Defendant: (a) around 18:00, around the residence of the victim in Gangnam-gu Seoul, waiting for the victim; (b) prevented the victim from opening the entrance door and leaving the house to intrude into the residence of the victim.
The Defendant, on the grounds of the background leading up to entering the house without consent, etc., and continued to engage in a dispute with the victim on the ground that he/she went into the house, and prevented the victim from suffering the victim, such as blocking him/her from suffering from his/her hands and her fingers, in the process.
At around 19:00 on the same day, the Defendant: (a) threatened the victim with the victim that “the police would sexually assault and spons until the police spons, and, (b) prevented the victim from spreading spacking the victim’s entrance and spons by hand, and (c) exceeded the victim’s lower end and exceeded the victim’s sexual organ, and added the Defendant’s sexual organ into the victim’s negative part.
Accordingly, the defendant invadedd the victim's residence and raped the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by each prosecutor and police with regard to D;
1. Statement made by the police with regard to F;
1. Written statements of D;
1. Status of individual entry or departure;
1. Written consent to collection of DNA identification samples, a report on collection of DNA identification samples, and a reply to inquiry into the fact;
1. Photographss of victims, photographs of the scene of occurrence, and photographs of the victim and of the details of multilateral telephone conversations with the victim;
1. Each investigation report (the list Nos. 3, 14, 15, 20, 22, 23, 29, 33, 3.