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(영문) 서울중앙지방법원 2012.10.12 2012고합1041
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
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A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete 40 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

On July 28, 2012, around 01:50 on July 28, 2012, the Defendant intruded into the victim’s residence through the gate and the entrance, which was opened in front of the house of the victim D (n, 27 years of age) located in Seongbuk-gu Seoul Metropolitan Government, and discovered the victim who was under way with an open visit, without holding the clothes under the tts, and was able to rape the victim.

Accordingly, the Defendant, through open visits, went out of panty and tried to rape the victim who is in the state of her ability to resist with his/her panty and panty, but was not aware of the victim, and did not commit an attempted crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement made to D by the police;

1. On-site reports;

1. Application of field photographs, photographs of the victim's residence;

1. Article 14 and Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 37 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Public Order;

1. Determination on the Defendant and his/her defense counsel’s assertion under Article 41(1)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. The summary of the assertion is true that the defendant was entering the dwelling of the victim through the gate and the entrance door in which the defendant was opened, and he was out of the panty.

However, the Defendant did not enter the room where the victim was her own, and the Defendant and panty victim exceeded her panty, and did not proceed to the commencement of quasi-rape, as the victim's strings can not spread out the victim's sound, etc. at the wind.

2. Determination.

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