logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.09.17 2015고합187
성폭력범죄의처벌및피해자보호등에관한법률위반(주거침입강간등)
Text

A defendant shall be punished by imprisonment for seven years.

The personal information of the defendant against the defendant shall be used through an information and communications network for five years.

Reasons

Criminal facts

On February 27, 2015, the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") were sentenced to a fine of KRW 3 million due to quasi-indecent act by force in order to commit a quasi-indecent act by force.

【Criminal Facts】

1. On August 15, 2008, the Defendant: around 04:00 on August 15, 2008, entered the victim’s house in front of the residence of Yeongdeungpo-gu Seoul Metropolitan Government E heading F (W, 30 years of age at the time) and invaded the victim’s house in front of the residence; thereafter, the Defendant had sexual intercourse with the victim by using those under the influence of alcohol, with the victim’s mind to have sexual intercourse with the victim’s house; and he had sexual intercourse once.

Accordingly, the defendant violated the victim's residence and has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

2. On September 5, 2008, the Defendant, around 05:48, 2008, entered the victim G victim H (n, at the time, 21 years of age) located in Yeongdeungpo-gu Seoul Metropolitan Government, into the victim’s house, and intruded the victim’s house through the window opened in the residence of Yeongdeungpo-gu Seoul Metropolitan Government (n, at the time, 21 years of age), and then the victim threatened the victim with the victim’s face by threateninging that “the sound with the knife would be dead” in the knife in the knife on the knife, and by dividing the victim’s face into the ben if the victim’s face was forced, and sexual intercourse was committed once.

Accordingly, the defendant invadedd the victim's residence and raped the victim.

[The ground for the request for attachment order] A person subject to the request for attachment order is found to have a habit of committing a sexual crime on at least two occasions, and there is a risk of recidivism.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement of H;

1. Reporting on occurrence of a case against the Act on the Punishment of Sexual Crimes and Protection of Victims thereof;

1. Requests for appraisal;

1. Investigation report (in respect of the conformity of the DNAA of rape suspects, reporting on confirmation of the victim's H injury statement, reporting on the victim's F telephone call);

1. Previous records of judgment: The previous records of disposition, the results of confirmation, and the judgment;

1. The dampness of a sexual crime as indicated in the judgment;

arrow