beta
(영문) 서울서부지방법원 2014.03.25 2013고합356

성폭력범죄의처벌등에관한특례법위반(주거침입강간등)

Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The Defendant, with the knowledge that the Victim F (Lin, 19 years of age) was under diving at the Hmoterel 102 room in Seodaemun-gu Seoul, Seoul, and tried to rape the Victim. On July 25, 2013, the Defendant opened and intruded the door of the above heading room where he did not sleep around 08:10 on July 25, 2013.

The Defendant, who was under the influence of alcohol at the same time and at the same place, was frightened on the body of the victim, and the victim divided the two arms of the victim who was under the influence of alcohol into the body of the victim who was under the influence of the victim in order to avoid sofacing the body in the lock, suppressions the victim’s resistance, and raped the victim by having panty of the victim off and sexual intercourse once.

Accordingly, the defendant invadedd the victim's residence and raped the victim.

Summary of Evidence

1. Partial statement of the defendant (a statement to the effect that he/she has sexual intercourse with a victim);

1. Legal statement of a witness I;

1. Statements made by witnesses F, J and K in the second protocol of trial;

1. Statement of each reference witness to F, J, and K of the preparation of an inspection;

1. Each statement made to the police officer against F and J;

1. Each investigation report prepared by prosecutor's assistant prosecutor's report (including a report, etc. on the hearing of statements by a victim, a report on the hearing of statements by a victim's male-friendly person, and a report on hearing of statements

1. To report each investigation into police preparation (on-site CCTV investigation);

1. Requests for each appraisal to be made by the president of the National Institute of Scientific Investigation;

1. Application of Acts and subordinate statutes to the F Statements;

1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 297 of the Criminal Act, the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the choice of punishment;

2. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

3. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse / Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse / The defendant shall be prior to the instant crime.