성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
A defendant shall be punished by imprisonment for four years.
The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.
Punishment of the crime
On August 29, 2012, the Defendant came to a house located in Dongdaemun-gu Seoul Metropolitan Government on August 10:15, 2012, and went to an adjacent gate between the victim D (n, 44 years old) residing in the second floor of the said house, and entered the adjacent gate between the said house and the said house, and intruded into the said house by hiding his body into the small room located adjacent to the bank, beyond the fence between the adjacent gate and the said house.
In addition, the victim, who has returned to throw away garbage, tried to stop in the front of the kitchen to stop away, after the victim's defect, he saw the victim's resistance with only one hand, so that the victim's resistance can be considerably difficult because she can be pushed up with another hand, and she led the victim's resistance substantially difficult, and raped the victim's on board the ship of the victim, but she failed to commit an attempted crime, because the victim she saw the victim's live in the front house through his body flag and the window of the open cover, and she saw the victim's walked with a large sound.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E and F;
1. E statements;
1. Application of Acts and subordinate statutes on the internal map and on-site photographs;
1. Article 14 and Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes, Articles 319 (1) and 297 of the Criminal Act;
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. Article 37 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Public Order;
1. The reason for sentencing under Article 41(1)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, the defendant tried to rape by intrusioning the victim's residence without permission, and the crime is very bad.