성폭력범죄의처벌등에관한특례법위반등
1. The defendant shall be punished by imprisonment for a period of two years and six months;
2. Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive;
Punishment of the crime
1. On August 30, 2013, at around 01:30, the Defendant, along with the Victim C (V, 27 years of age), had drinking with the Victim C, and had drinking the Victim up to the house of the Victim D in Ansan-si, Ansan-si.
Since then, the defendant tried to return home, and at around 02:30 on the same day, returned to the home of the victim, and opened and enters the string door, which is not locked.
Accordingly, the defendant invadedd the victim's residence.
2. The Defendant, at the same time and place as above, went back to the victim, and the victim himself/herself followed, immediately left the victim’s house through the entrance, and then entered the victim’s house through the window of the outer wall around 04:45 on August 30, 2013, attempted to have sexual intercourse with the victim by deceiving the victim’s body, such as buckbucks, etc., which he/she was under the influence of alcohol, and immediately suspended sexual intercourse.
Accordingly, the defendant attempted to have sexual intercourse with the victim who was unable to resist due to intrusion upon the victim's residence.
3. The Defendant, who was in possession of Samsung Talthot at the above time and at the above place, taken one-time the telegraph of the victim, who was divingd with clothes only by using Samsung Talthot 2 mobile phones.
Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.
Summary of Evidence
1. Partial statement of the defendant;
2. Second prosecutor's protocol of examination of the accused;
3. Application of the police statement law to C
1. Article relevant to the facts constituting an offense and the selection of punishment;
(a) Entry into a residence: Article 319 (1) of the Criminal Act;
(b) Attempted quasi-rape: Articles 15 and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act;
(c) Taking pictures by using cameras, etc.: Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
2. Crimes as provided in Article 2 of the judgment of statutory mitigation;