성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On May 25, 2013, around 02:16, the Defendant observed that the said apartment security guards’ victim E (n, 17 years of age) under the influence of alcohol at the 207 entrance of the military apartment 207-dong entrance of the Simsan-si, Simsan-si, the Defendant Do D and the victim were able to move into the said apartment 207 Dong 608.
After all, the Defendant knew of the fact that the victim was able to sleep in the house under the influence of alcohol, and opened the above apartment entrance of the victim on May 25, 2013, and intruded with the inside and outside of the entrance of the victim on May 25, 2013, and laid off the part of the victim, who was under the influence of alcohol, and laid down the finger in several times with his hand.
Accordingly, the defendant invadedd the victim's house and forced the victim to commit an indecent act.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E, F, and D;
1. Application of Acts and subordinate statutes to each CCTV photograph (Investigation Records No. 54-56 pages);
1. Article 3 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply), Articles 319 (1) and 299 of the Criminal Act concerning criminal facts;
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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Article 38(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply);
1. Article 38-2 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse before issuing a notification order;
1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572), Article 21(2) and the main text of Article 21(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Abuse (Act No. 11556), Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11047), the former children and juveniles.