성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than three years and six months.
Sexual assault against the defendant for 80 hours.
1. The lower court’s sentencing (one year of imprisonment) against the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) is too unreasonable as to the summary of the grounds for appeal.
2. Of the judgment of the court below ex officio, the part dismissing the prosecutor’s request for attachment order was finalized by the prosecutor’s failure to file an appeal.
Before making decisions on the grounds for appeal by the defendant for Amendments to Bill of Indictment, this paper will examine ex officio.
A prosecutor shall revise the facts charged on April 3, 2014, among the facts charged in the instant case, of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) and maintain it as the primary facts charged (the first charge is that “the defendant committed an indecent act on the victim’s residence and the victim H was able to resist by taking advantage of the victim’s h's sway, covered by the victim’s h's sway, and swaying the victim’s h's bridge,” and the revised facts charged are as follows: “The defendant invadeds the victim’s residence and knife the victim’s h's h's h's h's h's h's h's h's h's h's h's h's h's h's h's h's h's h' h's h's h's h's h's h').
In the lower court, I will examine the changed facts of the indictment in a series.
B. On April 3, 2014, the summary of the facts charged (1) is that the Defendant opened a studio that was not set up in front of the Victim G at Gong-dong 103 on April 3, 2014, and intrudes into the victim G’s residence at 06:06 on April 3, 2014, and went to the victim H (W, 21 years of age) who is in the state of being unable to resist because he/she was able to resist because he/she was able to sleep in the bed in the bed.