성폭력범죄의처벌등에관한특례법위반(강간등상해)등
A defendant shall be punished by imprisonment with prison labor for twelve years.
The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.
Criminal facts
On December 27, 1984, the defendant and the respondent for an attachment order (hereinafter referred to as the "defendant") were sentenced to imprisonment with prison labor and one year and six months from the Seoul High Court for attempted rape; on December 8, 198, the defendant was sentenced to imprisonment with prison labor for the crime of rape; on February 22, 1995, the Seoul High Court sentenced 8 years of imprisonment with prison labor for the crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (Rape) at the Seoul High Court on February 18, 2009; on December 8, 2011, the execution of the sentence was terminated; and on September 26, 2013, the execution of the sentence was terminated by imprisonment with prison labor for the crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (Rape, etc.). < Amended by Act No. 11873, Dec. 26, 2013>
【Criminal Facts】
1. Violation of the Act on the Punishment, etc. of Sexual Crimes (Rape, Injury by rape, etc.) has been committed by the victim C (influence, age 45) who was inside a usual sense, entering the house of the victim in the future, and the victim went back into the house of the victim, with a deadly weapon, to rape;
On April 29, 2014, at around 01:00, the Defendant opened a front door in front of the victim’s residence in Crossing-gun D and stated in the indictment that “A locking the front door is opened in such a way as to remove the corrective device by sucking the front door.” However, the Defendant asserted that the front door was opened and entered in a front door in which the front door is not equipped with the corrective device of the front door, and the victim’s door locked and locking the front door is not a kind of opened because the front door is strong.
Even if a correction device has been opened and entered without a correction device, there is no obstacle to regard it as intrusion upon a residence as long as it enters the criminal intent of rape as seen later, and as such, some of the written indictments shall be deleted as stated in the relevant criminal facts.