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Reasons
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(영문) 대구지방법원 2017.10.20 2017고합239
성폭력범죄의처벌및피해자보호등에관한법률위반(주거침입강간등)등
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A defendant shall be punished by imprisonment for not less than three years and six months.

The information on the accused shall be disclosed through an information and communications network for a period of five years.

Reasons

Punishment of the crime

[Criminal Records] The Defendant and the person requesting an attachment order (hereinafter “Defendant”) were sentenced to imprisonment with prison labor for a year for a violation of the Narcotics Control Act (narcotics) at the Daegu District Court on September 10, 2010, and the judgment was finalized on September 18, 2010 on September 18, 201.

[2] On September 26, 2008, the Defendant: (a) around September 26, 2008, around 03:25, 2008, the Defendant: (b) around the 27th anniversary of the Victim D (Taking place; 27 years of age); (c) the entrance of the room was corrected in front of the 706 room located in Young-gu, Young-gu, Incheon; and (d) received the key as if he was the victim’s family member; and (c) opened the entrance of the room in front of the above 706 unit and went into the door by using the key; and (d) continuously, the Defendant was able to resist because the Defendant was under the influence of alcohol at that place, and was able to resist the victim’s load, panty, and inserted the Defendant’s sexual flag into the part of the victim’s sound.

Accordingly, the defendant infringed on the room possessed by the victim, and has sexual intercourse with the victim by taking advantage of the victim's mental and physical loss or arbitrariable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Statement made to D or G by the police;

1. A photograph of a CCTV course;

1. Notification of the results of a reply to a request for appraisal, DNA identity confirmation information search;

1. Previous convictions in judgment: Application of inquiries about criminal history and text of judgment;

1. Article 5(1) of the relevant Act and the former Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (amended by Act No. 10258, Apr. 15, 2010); Article 319 of the Criminal Act; Article 299 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012); Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010)

1. To treat concurrent crimes;

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