성폭력범죄의처벌등에관한특례법위반(주거침입준강간)
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
On August 31, 2018, at around 04:00, the Defendant: (a) committed an act as if the victim D (here, 20 years of age) sits on the floor of the drinking sea floor or was expected to have a wall, and (b) acted in order to gather the victim; (c) had the victim's house, and (d) had the victim's sexual intercourse.
At around 04:10 on the same day, the Defendant: (a) concealed the victim into the office of the victim who is in the vicinity of the victim; and (b) took the victim’s door by stating that “the victim will only enter and report it;” and (c) took the victim’s door by using the fact that the victim under the influence of alcohol did not respond properly to it; (d) took the victim’s door into the house by taking advantage of the fact that the victim under the influence of alcohol was unable to respond properly, and (e) took a sexual intercourse by inserting the victim’s will and panty while under the influence of alcohol, and inserting the victim’s sexual organ into the part of the victim’s sexual organ by inserting the victim’s sexual organ.
Accordingly, the Defendant, by intrusion upon the victim’s residence, had sexual intercourse with the victim by taking advantage of the victim’s “incompetence to resist” condition.
in writing.
However, the failure to resist refers to cases where psychological or physical resistance is impossible due to reasons other than loss of mind and body, and if the victim has locked, it constitutes a state of mental or physical loss (see Supreme Court Decision 2001Do3490, Sept. 14, 2001).
However, in the facts charged, the victim was sexual intercourse under the influence of alcohol.
In light of the facts stated above, there is no risk of causing disadvantages to the defendant's exercise of the defendant's right to defense, so it is added to the facts charged without going through amendments to indictment.
Sexual intercourse with a victim who was in an impossible state of resistance.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to D or E;
1. Each investigation report (a list of evidence.