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(영문) 서울남부지방법원 2016.11.10 2016고합327
성폭력범죄의처벌등에관한특례법위반(주거침입강간)
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A defendant shall be punished by imprisonment for five years.

The defendant's disclosure of information about the defendant is made through an information and communications network for five years.

Reasons

Punishment of the crime

On June 10, 2011, the Defendant considered the victim's age in the street near the house of the victim D (n, 23 years of age) located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu.

At around 03:30 on June 11, 201, the Defendant: (a) had the victim’s mind to rape; (b) had a locked window installed in the victim’s house; and (c) had sexual intercourse once after: (a) had the victim resisted with the victim’s hand, who was locked by entering the said room; and (d) had the victim resisted with sound; (b) had the victim’s hand, who was able to be able to have the victim’s hand over; and (c) had the victim resisted with the victim’s life and body.

Accordingly, the defendant invadedd the residence of the victim, and raped the victim by assault and intimidation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Notification of the result of fingerprint appraisal;

1. The prosecutor applying the Act and subordinate statutes to the investigation report (report on the results of a suspect's appraisal) shall also request the accused to complete a program for treating sexual assault under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

However, Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes was introduced only when the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes was amended by Act No. 10567, Apr. 7, 2011 to allow a person who committed sexual crimes to be issued an order to attend a lecture necessary for the prevention of recidivism or to complete a program for the treatment of sexual crimes in a case where a sentence of conviction is imposed

In addition, Article 16(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012) provides that “this Act shall enter into force on the date six months have elapsed after its promulgation,” and Article 16(2) provides that “The amended provisions of Article 16 shall apply from persons who first committed sexual crimes after this Act enters into force.”

Therefore, the case of this case committed on June 11, 201 by the defendant.

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