성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant was aware of the fact that he was living alone in the vicinity of the defendant's place of residence as the victim C (the family name, the 28 years of age) and the person with intellectual disability.
On March 13, 2018, around 03:30 on March 13, 2018, the Defendant opened a door door with no mind to rape of the victim while under the influence of alcohol in front of the victim's residence located in South-gu, Nam-gu. and intruded into the victim's room.
Since then, the defendant can only go to the victim after he was frighted.
The term “the victim,” and “the victim’s resistance to the police, making it difficult for the victim to resist,” and the victim tried to be faced with the victim and to be off by placing his hand in the clothes of the victim’s inner part, and to keep the victim’s knife, but the victim should report to the police.
“Sickly, at the time of resistance, the act was suspended and went out of the room.”
Accordingly, the defendant invadedd the victim's residence and tried to rape the victim, but did not bring about an attempted crime.
Summary of Evidence
1. Statement by the defendant in court;
1. Recording recording of the statement;
1. A report(s) on occurrence (including on-site photographs), investigation report(s) (Attachment of on-site photographs), investigation report(s) (Attachment of the 112 Report on Handling of the 112 Report), internal investigation report(s) - criminal investigation report(s) - criminal investigation report(s) concerning the intent and telephone contents of the victim under treatment), investigation report(s) (in relation to on-site identification of the victim), investigation report(s) (Attachment of the victim’s consent consent, etc. related to the emergency KIKO of the victim), investigation report(s) (Attachment of the victim’s welfare card), investigation report(s) (related to the relative interview and re-verification of damage caused by the victim), respectively, investigation report(s) and investigation
1. Application of Acts and subordinate statutes to the suspect interview results, requests for appraisal, written consent to collect identification samples, response to requests for appraisal, gene appraisal, and expert opinion on sexual assault against persons with disabilities before requesting a warrant;
1. Criminal facts;