성폭력범죄의처벌등에관한특례법위반(주거침입강간)
A defendant shall be punished by imprisonment for three years.
The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.
Punishment of the crime
On October 31, 2014, around 09:20 on October 31, 2014, the Defendant opened a door of the victim D (n, 58 years of age) located in Spocheon-si C, and entered the house, and opened a knife in the toilet, and tried to rape the victim by putting the victim into the knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, kn
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to D and E;
1. Application of statutes on site photographs;
1. Relevant Articles 15 and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual 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 (The following extenuating circumstances among the reasons for sentencing):
3. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.
4. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse;
5. Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse appears to have committed the instant crime in a somewhat contingent and contingent manner under the influence of alcohol by the Defendant. The instant crime results in an attempted crime, or attempted to commit rape by intrusion upon the victim’s residence known to ordinary neighbors. In the process, the Defendant attempted to commit rape by impairing the victim’s chest and sound, and the victim resisted against and escaped for a considerable time to avoid rape. Thus, the instant crime was committed in an attempted crime, and the victim was deemed to have been committed with considerable mental impulse due to the instant crime. However, the Defendant appears to have received considerable mental impulse.