성폭력범죄의처벌및피해자보호등에관한법률위반(주거침입강간등)
A defendant shall be punished by imprisonment for four years.
The accused shall be punished by child and juvenile-related institutions, etc. and welfare facilities for disabled persons.
Punishment of the crime
Defendant
In addition, on October 21, 2005, the person against whom the attachment order was requested (hereinafter referred to as the "defendant") was sentenced to imprisonment with prison labor for the crimes of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. at the Daejeon High Court on the same day, and the judgment becomes final and conclusive on the same day.
At around 06:00 on August 17, 2001, the Defendant: (a) stolen objects from the Daejeon Dong-gu C Housing, the residence of the victim B (the age of 21 at that time), and (b) removed the bathing room window and the crime prevention window and intruded into the house.
The defendant found the victim's pantyty in the body of the defendant, found him/her inside the body of his/her house and laid off his/her panty, and inserted his/her sexual organ into the body of the victim to engage in sexual intercourse with the victim's sexual organ, the defendant did not resist the body of the victim who was broken out in the lock in the body of the defendant, and sexual intercourse with the victim once.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of the victim B;
1. The results of inquiry request, inquiry request, reply to inquiry, each prosecutor's investigation report (report on the victim's hearing of statements, calculation of the statute of limitations, identification of crimes committed, name of crimes committed, examination report on persons subject to attachment of electronic device), each police investigation report (information on the identification of the suspect's accompanying site, specific suspect), personal confinement status, report on the occurrence of rape case, actual situation investigation report, photo, inquiry report, inquiry request, response to appraisal request, response to consent of detained suspects related to DNA business, response to contact with DNA re-examination request results;
1. Previous records of judgment: Application of inquiry reports on criminal records, etc., investigation reports (Attachment to judgments, etc.), previous records of dispositions, results reports on confirmation, and Acts and subordinate statutes;
1. Article 4 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Punishment, etc. of Sexual Crimes ( April 15, 2010) and Article 5 (10) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Act No. 10258, Apr. 15, 2010).