성폭력범죄의처벌등에관한특례법위반(주거침입강간)등
1. The defendant shall be punished by imprisonment for three years;
2. The defendant shall complete a sexual assault treatment program for 80 hours.
Punishment of the crime
The Defendant (the person to whom the attachment order was requested and the person to whom the probation order was requested; hereinafter referred to as the “Defendant”) is a person operating the F cafeteria located in Ansan-si E (hereinafter referred to as the “instant cafeteria”); and the victim G (n, 35 years old) is an employee at the instant cafeteria.
1. 강제추행 피고인은 2014. 7. 중순경 어느 날 10:45경 이 사건 식당에서 피해자에게 자신의 바지 앞섶을 들추며 ‘(성기를) 만져보라.’라고 말하고, 피해자가 이에 불응하자, 갑자기 피해자의 엉덩이를 손으로 만졌다.
Accordingly, the Defendant committed an indecent act on the part of the victim.
2. Around 01:20 on August 6, 2014, the Defendant: (a) opened a gate that was not set up in the house of the victim located in Ansan-si, a member of Ansan-si, and entered the house; (b) took off all the clothes of the victim who was locked on the floor; (c) she was exempted from all the clothes of the victim; and (d) she took off the clothes of the victim who was locked on the floor; and (e) she took off the part of the victim, she was tightly pushed down the victim’s chest and face with his/her body, and she took part in sexual intercourse once.
Accordingly, the defendant invadedd the victim's residence and raped the victim by assault.
Summary of Evidence
1. Witnesses G and I's respective legal statements;
2. Part of each prosecutor's protocol of examination of the accused;
3. Each police statement made to G and I;
4. Application of some Acts and subordinate statutes to the police statement made by J
1. Article relevant to the facts constituting an offense and the selection of punishment;
(a) The point of indecent act by compulsion: Article 298 of the Criminal Act;
(b) Residence intrusion and rape: Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 297 of the Criminal Act;
2. Article 37 (former part), Article 38 (1) 2, and Article 50 (Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment (the maximum term of two crimes prescribed in the crimes of aggression and rape) of the Criminal Act for the aggravated concurrent crimes;