성폭력범죄의처벌등에관한특례법위반(주거침입강간)
A defendant shall be punished by imprisonment for four years.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Punishment of the crime
The defendant and the victim B (the family name, the age of 19) were dead.
At around 00:00 on December 18, 2018, the Defendant requested that the victim want to drink water before the victim’s house located in the Namdong-gu Incheon Metropolitan City C and the Dong, and made it possible for the victim to enter the house, and made it possible to make it possible for the victim to take water into the house, and opened the above house door to have the victim enter the house, and then intruded the victim according to the victim, and forced the victim to have the victim kept down on the house, and forced the victim to have the victim knife.
The Defendant continued to be able to attract the victim to the room of the said victim, and then knife the hand of the victim who sealed and resisted the defendant with the hand of the defendant, and forced the victim's resistance with his hand, and her sexual organ was inserted into the part of the victim, and raped once by inserting his sexual organ into the part of the victim.
As a result, since the defendant intrudes on the victim's residence and does not harm the identity of the facts charged or give substantial disadvantage to the defendant's exercise of his/her right to defense, "influence" is added ex officio without the amendment process.
A raped the victim.
Summary of Evidence
1. Defendant's legal statement;
1. The written statement made by the police against B;
1. A written request for appraisal;
1. Application of Acts and subordinate statutes to report on investigation (to hear statements by a victim's telephone);
1. Relevant 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, and the choice of limited imprisonment for a crime;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;
1. The accused under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to notify disclosure of information, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the