Supreme Court: "Residential Intrusion Followed by Sexual Assault Constitutes Residential Sexual Crime"
[Asia Economy Reporter Kim Hyung-min] The Supreme Court has ruled that a crime can only be punished as residential intrusion rape if the sexual assault crime is committed after intruding into the residence.
The Supreme Court's 2nd Division (Presiding Justice Cheon Dae-yeop) announced on the 31st that it overturned the original court ruling that found Mr. A guilty of residential intrusion rape and sent the case back to the High Military Court in the appeal trial of Mr. A, who was indicted on charges including residential intrusion rape, assault, and attempted forcible molestation under the Act on Special Cases Concerning the Punishment of Sexual Crimes.
Mr. A, an army soldier, was tried on charges of attempting to commit rape by taking the victim, who had helped him to the men's restroom, into the women's restroom while drinking at a pub in December 2019.
The military prosecution applied the charge of residential intrusion rape, considering Mr. A's entry into the women's restroom of the pub during the sexual assault as an intrusion into the residence of the pub owner.
Under the Sexual Violence Punishment Act, residential intrusion rape is a crime applied when a residential intruder commits rape, and the sentence is heavier than punishing residential intrusion and rape separately.
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Mr. A was sentenced to 1 year and 6 months in prison in the first trial and 2 years and 6 months in the second trial. However, the Supreme Court ordered a retrial, stating that the second trial misunderstood the legal principles of residential intrusion rape under the Sexual Violence Punishment Act. It stated, "Crimes such as residential intrusion rape are a type of status crime where a person who committed residential intrusion subsequently commits rape. If the order is reversed and a person who committed rape then intruded into the residence, it does not apply."
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