성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
A defendant shall be punished by imprisonment for three years.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Punishment of the crime
The defendant is a person with a disability in the third degree of intellectual disability, who lacks the ability to discern things or make decisions.
On October 3, 2017, around 04:30 on October 3, 2017, the Defendant discovered the victim D (bee, 31 years of age) who was under the influence of alcohol on the roads near Busan apartment C apartment in Busan, Busan, and followed the victim from the place to the Busan, Jin-gu E.
In the above "E building", Defendant 1 entered the parking lot of the victim, and continued to intrude the victim's hand, using the gap of leakage of the joint entrance password of the above building, made the victim's arms and shoulder, divided into the victim's neck and shoulder, and prevented the victim from resisting against the victim's hand, and even though the victim attempted to have sexual intercourse with the victim, he saw the victim's breast, saw that the victim's fingers were sound and the Defendant's fingers were frightened into the part of the victim's drinking.
As a result, the defendant invadedd the victim's residence, thereby putting part of the body such as fingers and fingers into the victim's sexual organ.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Each investigation report (for example, 1, 8, 10, 12, 14, 16, 18, 20, 22, 24, 26, 28, 30, 32, 40, 42, 49, 51) and attached documents;
1. The actual survey report, on-site inspection photographs, CDs;
1. Application of the statutes governing the intensity of the place where the victim committed the crime;
1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc., and Articles 319 (1) and 297-2 of the Criminal Act concerning the crime;
1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes; and Article 49(1) of the Child and Youth.