성폭력범죄의처벌등에관한특례법위반(강간등치상)
A defendant shall be punished by imprisonment for a maximum term of three years and a short term of two years and six months.
The defendant is a sexual assault treatment program for 80 hours.
Punishment of the crime
On March 28, 2013, at around 16:48, the Defendant, before “D” located in Yangcheon-gu Seoul Metropolitan Government, committed indecent acts by force on the following grounds: (a) the victim E, an employee of the Defendant, entered the same as the rest side of the public toilet; and (b) the Defendant was willing to commit indecent acts by force.
The Defendant followed the victim, and knife the knife (total length 15 cm) which is a dangerous object prepared in advance after locking in the toilet entrance, and the victim completed the knife.
The Defendant opened and pushed off the victim who opened and emitted the light door door in hand, tight off the floor to prevent resistance by threatening the above knife with the above knife, putting the left hand into the knife, and forced the victim to rhym for more than 1 to 2 minutes, and thereby, the Defendant suffered hacks and booms that need to be treated for about 2 weeks.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to the records of seizure, list of seizure, photographs of seized articles and medical certificates;
1. Article 8 (1), Article 4 (2) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply), Article 298 of the Criminal Act concerning criminal facts;
2. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act;
3. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
4. Articles 2 and 60 (1) of the Juvenile Act, which are illegal;
5. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;
6. Article 48 (1) 1 of the Criminal Act to be confiscated;
7. Personal information provided for in the proviso to Article 37(1) and the proviso to Article 41(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which is exempted from disclosure or notification order, shall not be disclosed as one of the grounds for exception to disclosure or notification order under the proviso to Articles 37(1) and 41(1).