(영문) 서울남부지방법원 2016.12.02 2016고합518

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(영문) 서울남부지방법원 2016.12.02 2016고합518

재물손괴등

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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

1. On July 25, 2016, the Defendant: (a) around 15:00 on July 25, 2016, the Defendant damaged the victim’s free window by breaking a sloping window around the victim’s residence, which was located in and around the victim’s family relation with the Defendant, in the residence of the victim D (n, 63 years of age).

2. Around July 27, 2016, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape in Residence) committed a sexual intercourse with the victim’s will and panty in another hand by removing a crime prevention window installed in the part of the victim’s house, going into the house through open glass, taking advantage of the tree gate in his/her neighborhood where he/she had been living in the victim D (in female, 63 years of age), and then exposing the victim’s body under the influence of alcohol in his/her clothes, taking the victim’s body under the influence of alcohol in his/her own hands, putting the victim’s body under the influence of alcohol in his/her hands, leaving the victim’s seat and panty, and committing sexual intercourse with the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement made to D by the police;

1. Written statements of D;

1. The defendant and his defense counsel asserted that the defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, etc. of the Act on the Punishment, Etc. of Sexual Crimes (including the fact that the defendant intrudes on the residence of the victim, but the defendant did not exercise the force to the extent that it considerably difficult to resist the victim at the time of committing the crime, and thus, rape cannot be viewed as having been committed.

Whether a perpetrator committed assault and threat to establish the crime of rape is not only the content and degree of the assault and threat, but also the circumstances leading to exercising force, the relationship with the victim, and the circumstances at the time of sexual intercourse and the subsequent situation.

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