성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
A defendant shall be punished by imprisonment for not less than two years and six months.
The defendant's information about the defendant shall be made through an information and communications network for three years.
Punishment of the crime
On July 18, 2012, at around 00:10, the Defendant discovered the victim D (in this case, 18 years old) who was diving from the C apartment floor corridor in Gwangju Mine-gu, Gwangju, and opened the entrance entrance door of the victim who was not corrected and intruded into the victim's room.
The Defendant: (a) did not observe the victim who was diving at his place; (b) obstructed the victim from suffering the victim with a defect that the victim was shouldered or “loaked”; (c) lying the victim on the floor; (d) lying the victim on the left chest part of the victim’s chest; and (e) committed an indecent act by force against the victim.
Summary of Evidence
1. Defendant's legal statement;
1. The defendant and his defense counsel argued that the defendant was in a state of mental disability due to the mental fission at the time of the crime of this case. Thus, according to the evidence duly admitted and investigated by this court, the defendant was found to have been in a state of mental disorder at the time of the crime of this case, but it cannot be deemed that the defendant was in a state of lacking the ability to discern things or make decisions. Thus, the above argument is rejected.
Application of Statutes
1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Articles 319 (1) and 298 of the Criminal Act concerning the facts constituting an offense;
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 38 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse who are ordered to disclose;
1. Article 38-2 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Grounds for sentencing under the main sentence of Article 13 (1) and the main sentence of Article 13 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse
1. The scope of punishment: Imprisonment with prison labor for not less than two years and six months, and not more than two years and six months;
2. The range of recommendations on the sentencing criteria [criminal category] sexual crime group, and