성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
The imprisonment with prison labor for the accused shall be two and a half years and six months.
For the defendant, 40 hours of sexual assault treatment program.
Punishment of the crime
On June 23, 2014, around 05:30, the Defendant tried to engage in sexual intercourse after opening a gate that was not corrected and intrusion into the house of the victim D (n, 97 years of age) located in Jung-gu, Jung-gu, Jung-gu, Seoul, Seoul, about 05, with no correction. The Defendant tried to engage in sexual intercourse after suppressing the victim’s resistance on the body of the victim.
However, the victim, who was broken in a diving, was aware of the victim's body by pushing the victim's body, was prone in front of the house entrance, and the victim saw a stick in front of the front of the front, and did not commit an attempted crime because the victim saw it as "I am about human life" while putting the stick in front of the front of the front, and failed to do so.
Accordingly, the defendant invadedd the victim's residence and attempted to rape the victim.
Summary of Evidence
1. Witnesses D and E's respective legal statements;
1. Voluntary report;
1. Application of the investigation report (the confirmation of CCTV at the 105-dong, 105-dong, etc.);
1. Relevant Articles 15 and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 297 of the Criminal Act, the selection of imprisonment for a limited term, and the selection of a punishment;
1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;
1. Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempt from the disclosure order and notification order, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse: The defendant’s age, family environment, social relative relationship, criminal record, and the risk of recidivism (no sex crime record), the order to complete a program aimed at improving his/her character and conduct is concurrently imposed, and the profits and the effects expected by the disclosure order or notification order of