성폭력범죄의처벌등에관한특례법위반(강간등치상)
A defendant shall be punished by imprisonment for five years.
The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.
Punishment of the crime
On October 14, 2013, at around 14:00, the Defendant: (a) while drinking mixedly the victim D (n, 82 years of age) who was under the influence of alcohol at the house of the victim D (n, 82 years of age) who was under the influence of alcohol and was working at the house of the victim; (b) however, the victim stated, “Isperson,” who was under the influence of alcohol, was her own hand, was pushed the victim on the floor, was pushed the victim on the floor; (c) was placed on the part of the victim; (d) was placed in the kitchen, which is a dangerous object on the restaurant at the site of the clish; (d) the victim’s face was threatened; (e) the victim’s chest was able to take care of the victim; and (e) the victim was able to take care of the victim’s chest, and (e) the victim was able to take an attempted rape on the left side of the victim; and (e) the victim was able to take care of the victim’s, by committing rape.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Investigation report (Attachment of the body part of the victim and knife photograph);
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant Articles 8 (1), 15, and 4 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 297 of the Criminal Act concerning the crime;
1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused as seen below):
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;
1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) 2 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Registration shall be made under Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50(1)2 and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse.