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(영문) 창원지방법원 2014.10.16 2014고합177
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
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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.

Reasons

Punishment of the crime

The Defendant and the victim F (the age of 23) served as a public official of H post offices located in G in G in Kimhae-si in the same department, and the above post office employees and victims in singing rooms in the same time between 18:00 on December 23, 2013 and 22:00 on the same time.

At around 22:00 of the same day, the Defendant was informed of the victim’s personal identification number outside the home, and did not comply with the victim’s personal identification number prior to being known to I. However, the Defendant was directly informed of the victim’s personal identification number.

Between them, neighboring residents in the above building coming out of the front door, and K set up the victim's house and set up the victim's house into the bed, and around that time, the defendant arrived at the victim's house and was found to have the key of the victim's house from I.

At around 23:00 on the same day, the Defendant: (a) taken a vehicle of K at the victim’s house; (b) taken a cab before the Defendant’s house located in the same time; (c) taken a cab and taken the house of the victim; and (d) opened a door to the key against the victim’s will; and (d) took advantage of the victim’s house to have sexual intercourse once after getting off the victim’s clothes.

Accordingly, the Defendant, upon intrusion upon the victim’s residence, had sexual intercourse with the victim by taking advantage of the victim’s non-satisfe or non-satch condition.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's office and the police's statement concerning F;

1. The entry of each of the police statements made to K and I in part;

1. Recording notes;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act;

1. Article 53 of the Criminal Act for discretionary mitigation.

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