성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
A defendant shall be punished by imprisonment for not less than two years and six months.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Punishment of the crime
1. Around 03:00 on August 12, 2012, the Defendant came to know that the second floor room administered by the victim F (FFF) was boomed by the victim FF (FFF) while playing in the 3rd room of Gyeonggi E-gun, Gyeonggi-do, the Defendant opened and intruded the window of the victim who did not have been corrected, and taken the victim’s body against the victim’s will to cause sexual humiliation or humiliation by twice the victim’s reflector and panty, and then taken the victim’s body against the victim’s will.
2. The Defendant violated the Act on the Punishment of Sexual Crimes and the Protection, etc. of the Victims (such as Residence Rape, Rape, etc.) committed indecent act by force against the victim, who was under the influence of alcohol, by intrusion into the second floor room in which the victim is living together, and photographs the victim’s sound, and thereby, her sexual part was under the influence of alcohol, following the victim’s sexual part of the victim’s sexual part was under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. F’s statement of statement;
1. Response to the request for appraisal;
1. Application of each statute on photographs;
1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act, Article 13 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of taking photographs, such as a camera, etc. and the choice of imprisonment);
1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishments of the above two crimes)
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 to Order;