(영문) 인천지방법원 2019.10.11 2019고합561

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(영문) 인천지방법원 2019.10.11 2019고합561

성폭력범죄의처벌등에관한특례법위반(주거침입강간)

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A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a male-friendly marriage C with the victim B (n't, 29 years of age).

At around 03:00 on July 20, 2019, the defendant and the victim of C's residence in Seo-gu Incheon Metropolitan City D have liveded in the residence of C, and 2:00 on July 20, 201, and 3:0 on July 20, 201, in Incheon Seo-gu D.

The defendant and C entered the computer to use the computer, and the defendant and C shared the present door password to assist each other when there is an absence, and when the other party's residence comes to the residence, they obtained the consent of the other party.

In the room where a computer is located, the victim was found to be in the bed and temporarily left the play area, but C was able to rape with the absence of the residence.

Therefore, the Defendant intruded into the victim’s residence through the door door of the victim’s entrance, and laid his hand in the vicinity of the victim’s clothes, and her chest, her chest, her bet, and her part, etc., her chest, her bet, and her part, etc., and even if the victim resisted the defendant, the victim her wned his her knick, her knick, her chest and her part, etc., her chest and her part, etc., her cellular phone in order to report to the police, and tried to have sexual intercourse with the victim by putting the victim on her bet, and her knickly divided the victim’s knick and her part, and tried to have sexual intercourse with the victim by gathering his cell phone while she resisted the victim, and ceased to report to the police.

As a result, since the defendant intrudes on the victim's residence and does not harm the identity of the facts charged or give substantial disadvantage to the defendant's exercise of his/her right to defense, "influence" is added ex officio without the amendment process.

Although the victim tried to rape, he/she did not commit a crime but did not commit a crime.

Summary of Evidence

1. Defendant's legal statement;

1. B and C.

유사 판례

-인천지방법원 2016.04.27 2015고합767

-수원지방법원 여주지원 2013.01.24 2012고합198

-대전지방법원 2015.07.03 2014고합446

-수원지방법원 2019.06.13 2019고합104

-춘천지방법원 2016.05.03 2016고합17