성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
around 02:00 on July 18, 2013, the Defendant, at D’s house, a workplace club located in Mapo-gu Seoul building 102, and together with the victim E (V, 34 years old), who was living together with the above D and his/her cohabiting female, went back to D's house while he/she gets a taxi to drink for returning home after drinking alcohol.
At around 04:30 on the same day, the Defendant came to open the house through the door door that was not locked by the Defendant, and discovered the victim who was able to enjoy with D in the inside bed, she saw her desire, and her boomed his hand with the back of the victim's back, and her body was frighted so that D can not be broken off from the lock.
As a result, the Defendant infringed upon the residence and committed an indecent act by force against the victim in a state of mental disorder.
Summary of Evidence
1. The defendant's legal statement (the statement on the fourth trial date);
1. Some of the interrogation records of the accused prepared by the prosecutor;
1. Application of the Acts and subordinate statutes on the statement of the police officer D and E; and
1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act, the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the choice of punishment;
2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
3. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).
4. Article 62-2 (1) of the Criminal Act regarding community service order.
5. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
6. The defendants are committed in the house of the victim and the defendant under Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse / Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.