성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
A defendant shall be punished by imprisonment for not less than three years and six months.
The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.
Punishment of the crime
On July 4, 2013, at around 04:00, the Defendant walked at the front of the D main office located in the Sinnam-si, Sinnam-si, the Defendant discovered the victim E (at the age of 25), attempted to rape the victim, and followed the victim’s home in F in the Sinnam-si, Sinnam-si, the Donnam-si.
On July 04:05, 2013, the Defendant: (a) saw the victim’s house into the house; (b) saw the victim’s house into the house through open gate; and (c) tried to leave and rape in a lump sum with the victim’s chest and panty panty in which the victim was suffering; (d) however, the Defendant did not commit an attempted crime without having the victim resisted “Ie, Ie and Ie and Ie and Ie.”
Accordingly, the defendant invadedd on the residence and tried to rape the victim in a state of impossibility to resist, but did not achieve that intention, but did not commit an attempted crime.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of each police officer statement (the first and second statements) with respect to E;
1. Application of the video Acts and subordinate statutes to a photograph by capturing a CCTV image data;
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 299 of the Criminal Act;
1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;
1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, where a conviction on the instant criminal facts becomes final and conclusive, the Defendant becomes a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes