(영문) 광주지방법원 2013.11.28 2013고합312

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(영문) 광주지방법원 2013.11.28 2013고합312

성폭력범죄의처벌등에관한특례법위반(주거침입강간등)

Text

The prosecution of this case is dismissed.

Reasons

1. A summary of the facts charged reveals that around March 18, 2013, the Defendant: (a) around 22:00 on March 18, 2013, at the victim F (n, 60 years of age) in Young-gun E was divided into the first race in the house.

Therefore, without confirming who G (victims of the victim) is not identified, opening the gate, which was locked by dividing the opening and opening servers inside the house, and the defendant invaded into the house of the victim by entering the inside room of the victim through the gate, and then, he was exempted from all clothes that he was suffering and panty only when he was unable to resist due to locked, and he forced the victim to commit an indecent act by force.

2. Determination

A. The facts charged in the instant case reveal that the Defendant committed a crime of indecent act by intrusion upon the victim’s residence.

In order to be found guilty of the facts charged in the instant case, it should be recognized first of all, and in order to establish the crime of intrusion, there should be awareness that a resident enters a residence against his/her will.

In light of the following circumstances acknowledged by each of the evidence investigated by this Court, it is insufficient to recognize that the defendant was aware that the defendant was entering the victim's office against the victim's will at the time of this case only by the evidence submitted by the prosecutor, and there is no other evidence to prove otherwise.

1) The Defendant: (a) moved the place along with pro-Japanese Hoh et al. on the day of the instant case to the extent that it is difficult for the Defendant to hold a considerable amount of drinking alcohol. (b) At the time of the instant case, the Defendant divided the victim’s first letter of the body; (c) the victim’s grandchildren went into the victim’s house through the opening, closing, and opening, opening, and opening, opening, and opening, the victim’s grandchildren from his own room.

3. The defendant who enters the victim's house shall be off of and fright away from the room, and frighten from the inside of the room.

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