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Reasons
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(영문) 수원지방법원 평택지원 2016.07.27 2016고합49
성폭력범죄의처벌등에관한특례법위반(주거침입준유사강간)등
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A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be confiscated.

40 hours against the defendant.

Reasons

Punishment of the crime

1. On May 5, 2016, the Defendant infringed upon a residence: (a) requested the victim to open a door in Pyeongtaek-si D Building 409, which is a residence of the victim C (the 18-year old-old), who is a residence of the victim C on May 5, 2016; (b) the victim opened a door and opened a door to the Defendant “on the fluor” door; (c) the fluor of the door was closed down and the fluored down by the fluoring method.

2. A quasi-Rape Defendant: the date and time set forth in paragraph 1; and the victim’s face from the victim’s face, which the victim was under influence of alcohol, had the victim collected, put in the victim’s sexual organ into the victim’s face, and repeated the victim’s sexual organ four times.

The Defendant used the victim’s non-specing condition to commit a similar rape.

3. The Defendant, at the time and place set forth in paragraph 2, taken videos that the Defendant puts his sexual organ into the victim’s entrance using smartphones with a function in the camera against the victim’s will, using smartphones, at the time and place.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C (tentative name);

1. Application of Acts and subordinate statutes to reports on records of seizure, lists of seizure and results of analysis of digital evidence;

1. Relevant legal provisions of the Criminal Act and Article 319 (1) of the Criminal Act (the occupation of intrusion upon residence, the choice of imprisonment), Article 299 of the Criminal Act, Article 297-2 of the Criminal Act (the occupation of quasi-Rape), Article 14 (1) of the Act on Special Cases concerning the Punishment of Sexual Crimes (the occupation of photographing a camera using a camera and the choice of imprisonment);

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes within the extent that the sum of the long-term punishments for each of the crimes specified in the most severe punishment for the crime of rape);

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment

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