성폭력범죄의처벌등에관한특례법위반(강간등치상)
A defendant shall be punished by imprisonment for five years.
To order the accused to complete a sexual assault treatment program for 100 hours.
Punishment of the crime
On May 29, 2017, the Defendant, at around 22:55 on May 29, 2017, after drinking alcohol at the alcohol house called “D” located in Sinsan City C, was trying to discover the victim E (at around 21 years of age) (at around 23:27 on the same day, he/she was able to commit indecent act by force following his/her female.
On the same day, the Defendant followed the victim from G apartment 3x Dong, which is a residence of the victim in the F of the Si, Gun-si, Gun-si, 23:45, and invaded upon the residence of the above apartment residents, including the victim, by boarding the elevator with the victim.
After that, the defendant, who intends to stop on the 15th floor of the elevator, tried to commit an indecent act against the victim after leaving the victim's head one time after leaving the victim's head in his own direction and leaving the victim's head over the elevator floor by towing the victim's hand, and preventing him from participating in sound and resistanceing. However, the defendant attempted to commit an indecent act against the victim after leaving the victim's head at several times.
As a result, the defendant invadedd the victim's residence and forced the victim to commit an indecent act by force, and caused the victim to suffer bodily injury, such as head's strawing, which requires treatment for about two weeks.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Report on internal investigation (to secure the suspect's photograph by analyzing the location of occurrence and surrounding CCTV video recording data), internal investigation report (to identify the moving route of the suspected victim due to the leakage and the verification of upper CCTV), internal investigation report (to visit the suspect's house and search), investigation report (to search the other party's visit to the drinking house on the day of the instant case), investigation report (to investigate uniforms worn by the victim when committing a crime), investigation report (to listen to the victim's statement and append photographs to the damaged victim);
1. A written diagnosis of injury;
1. Receipts:
1. Field photographs, etc.;
1. Application of the Acts and subordinate statutes on video CDs on the face of a crime, and each video CD;
1. Relevant Articles of the Act and the punishment of sexual crimes subject to the option of punishment;