성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
A defendant shall be punished by imprisonment for not less than two years and six months.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Punishment of the crime
1. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Housing Rape, Rape, etc.) was, as an administrator of a building in the building in Ansan-si, living therein so that he can use the same floor free of charge to the victim D (inn't 46 years of age). The Defendant was willing to rape the victim by intrusioning the victim's room on the part of the victim by using the victim's entrance to a structure that cannot correct it on the side;
피고인은 2012. 6. 9. 06:00경 위 C빌딩 7층에 있는 피해자 D(여, 46세)이 거주하는 방 앞 복도에 이르러, 시정되지 않은 출입문을 열고 피해자가 잠을 자고 있던 방안으로 들어가 침입한 뒤, 잠을 자고 있던 피해자의 허벅지 위에 올라앉았다가 이에 놀라서 잠에서 깬 피해자가 ‘이러지 마라’라고 말하며 몸부림치며 반항하자, ‘가만히 있어라’며 윽박지르고 양손으로 피해자의 팔을 제압하여 반항하지 못하게 한 후 피해자를 1회 간음하여 강간하였다.
2. Around 05:00 on June 25, 2012, the Defendant: (a) opened a gate of the victim, which was not corrected at the place under the preceding paragraph; and (b) entered the room where the victim was divingd, and invaded upon the victim’s residence.
Summary of Evidence
1. Legal statement of witness D;
1. The statement in the third protocol of the trial for witness E;
1. Each statement made by the prosecutor in relation to D;
1. Application of each of the Acts and subordinate statutes stated in an investigation report (Attachment of recording stenographic records submitted by D), investigation report (verification of the residence and accommodation of the accused A), investigation report (comprehion of recording files of the victim's cell phone calls), digital evidence analysis report (with January 23, 2013), and digital evidence analysis report (with January 23, 2013);
1. Article relevant to the facts constituting an offense and the selection of punishment;
A. The occupation of a residential intrusion and rape: Article 3(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply), Article 319(1) of the Criminal Act, Article 319(1) of the former Criminal Act, and Article 312 of the former Criminal Act.