성폭력범죄의처벌등에관한특례법위반(주거침입강간)
A defendant shall be punished by imprisonment for three years.
However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
Criminal facts
On November 11, 2016, at around 00:07, the Defendant: (a) was aware of the fact that he had drinking alcohol, drinking alcohol together with his workplace rent, carried in the calculation of the bath; (b) was taken out; and (c) was engaged in cleaning female bath after the completion of business due to a physical therapy in a female bath, etc.; and (d) was able to engage in sexual intercourse with the other female bath, thereby taking off the statues and bags which were put out of the sericultural bath building; and (c) was able to rape the female bath in the mind that he was a woman.
At around 00:09 on the same day, the Defendant entered the calculating unit of a bath, and laid the electric location of a bath before being seen earlier, set up a female bath room, and intrudes into the female bath room, and clean up the bath room of a female bath with only booming clothes.
The victim E (V, 44 years old) discovered the defendant, she opened a glass door between the slope room and the bath room, and pushed the victim into the bath room by force so as not to open the glass door that it does not, "I want to die because knife, she is only knife," and she takes the victim's secret back with one hand behind the victim, etc., and takes the victim's secret back to the bath room, with the victim's inside salt so that the victim can not resist because he can knife the victim's secret with his hand, and she goes off the victim's clothes, cut off the victim's chest, she takes the victim's chest, and let the victim knife the defendant's finger, put the victim's finger into the victim's sexual flag, put the knife into the victim's face, put the victim into the victim's sex on the part of the victim's knife, and put the victim's face into the victim's sex.
Accordingly, the defendant invadedd another person's structure, and raped the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1.Each.