(영문) 창원지방법원 2015.09.03 2015고합164

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(영문) 창원지방법원 2015.09.03 2015고합164

성폭력범죄의처벌등에관한특례법위반(주거침입준강간)

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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 five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 2014, while the defendant served as the head of production department E in Gangseo-gu Busan Metropolitan City, he became aware of the victim F (the age of 28) who was employed as a production worker in the above company.

On June 27, 2015, at around 23:10 on June 27, 2015, the Defendant visited the victim to the Kakakaox, and served together with the victim in the Haak-gu G in Chang-si, Chang-si, Chang-si, Chang-si, I tried to find the victim's house known to the effect that he had sexual intercourse with the victim.

On June 28, 2015, at around 01:20, the Defendant, while waiting for the victim in front of the 1studio in Chang-gu, Chang-gu, Chang-gu, the Defendant: (a) reported the victim’s entry into the building; (b) opened the studio 202 entrance door wherein the victim resides; and (c) opened the 202 entrance outside of the building where there was no seal; and (d) opened the 202 entrance into the said 202 entrance through the window to have sexual intercourse with the victim; (b) opened the benda window installed on the wall of the building without burninging and correcting gas pipes installed on the wall; and (c) intruded into the said 202 entrance in the 202 entrance under the influence of alcohol, went off the victim’s strts, and continued to have sexual intercourse with the victim’s chest promptly, and added the victim’s her sexual organ into the part of the victim.

Accordingly, the defendant, by intrusion upon the victim's residence, has sexual intercourse with the victim by taking advantage of the victim's mental condition that was under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim F;

1. A photograph of the scene of crime;

1. Application of Acts and subordinate statutes to report internal accidents (referring to intrusion methods, etc. on the victim's residence);

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제3조 제1항

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