성폭력범죄의처벌등에관한특례법위반(주거침입강간)
A defendant shall be punished by imprisonment for not less than one year and six months.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Punishment of the crime
[criminal history] The Defendant was sentenced to a suspended sentence of three years on April 12, 2018 by imprisonment with prison labor for a violation of road traffic law in the Gwangju District Court’s net support on April 4, 2018, and the judgment became final and conclusive on April 12, 2018 and is currently under suspended sentence.
[2] On April 12, 2018, the Defendant sent a C message that is insulting to the victim on the ground that he/she did not escape and meet his/her contact with the victim B (the age of 48), and that the victim was subject to criminal punishment due to the victim’s complaint, and that the victim was found to be in Bosung-gun D, a residence of the victim, around 23:30.
계속해서 피고인은 피해자의 주거지에서 잠을 자고 있던 피해자의 남편이 깰까 봐 담을 넘어 방 안까지 침입한 다음 방 안에 있던 피해자에게 무릎을 꿇으며 용서를 구했음에도 피해 자가 피고인에게 “ 돌아가. ”라고 말하며 방을 나가려 하자 피해자를 강제로 뒤에서 껴안고, 강제로 가슴을 만지려 했다.
Therefore, when the injured party gets out of the Defendant's hand and walked against it, the Defendant forced the victim to resist his resistance and forced the victim to leave the victim's panty, and tried to rape the victim's panty, but the victim was her hand, and the other hand did not continue to have the defendant spanty and to have the victim spanty, and the other hand did not rape.
Accordingly, the defendant invadedd the victim's residence and attempted to rape the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. Application of Acts and subordinate statutes to investigation reports (on-site situations at the time of emergency arrest);
1. Relevant legal provisions concerning facts constituting an offense, and Articles 15 and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc., and Articles 319 (1) and 297 of the Criminal Act;
1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;
1. Articles 53 and 55(1) of the Criminal Act for mitigation of amount;