성폭력범죄의처벌등에관한특례법위반(강간등상해)
A defendant shall be punished by imprisonment for five years.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Criminal facts
On September 8, 2013, at around 03:50, the Defendant: (a) had three stories in the case of permanent residence C, and (b) had not been corrected, opened an unresh door to the room of the victim E (the age of 35) and intruded into the room, and tried to detect and rape the potential victim.
The Defendant laid the door door door to prevent the victim from escaping, sealed the door on the floor to prevent the victim from escaping, and prevented the victim from scaming with her hand, and "scam scam" and "if the victim wants to die, scam only once". The Defendant, by hand, tried to engage in sexual intercourse after preventing the victim from scaming twice at the victim's cambuck, but the victim attempted to engage in sexual intercourse with the victim, "it must go to the toilet due to scam," while sounding the victim's head head collection, affixed the ma on the floor, affixed the buckbuck paper to the victim once, and suffered injury, such as brain scam which requires treatment for about three weeks.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the suspect interrogation protocol of the accused by the prosecution;
1. Each statement made by the police officer in relation to E and F;
1. Application of Acts and subordinate statutes to each term of internal investigation reports (Attachment of images of the victim), investigation reports (investigative diagnosis and written confirmation of hospitalization), respectively;
1. Articles 8 (1), 15, and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Articles 319 (1) and 297 of the Criminal Act;
2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into account the following favorable circumstances):
3. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.
4. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Information Disclosure and Notice Orders; the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; and Article 50(1) of the Act on the Protection