성폭력범죄의처벌등에관한특례법위반(강간등상해)
A defendant shall be punished by imprisonment for five years.
To order the defendant to complete a sexual assault treatment program for 40 hours.
Punishment of the crime
On July 21, 2014, the Defendant was living in the vicinity of the victim C (the age of 78) and approximately 20 meters, and after completing a meeting at around 23:55 on July 21, 2014, the Defendant was able to rape the victim living in the family and was living in the residence of the victim who was living in the Da of the Da.
At around 00:00 on July 22, 2014, the Defendant: (a) opened a warehouse window attached to the victim’s residence; (b) went into the victim’s house; (c) sought rape by coercion from the victim’s clothes locked in the inside room; (d) but the victim tried to get out of and rape the victim’s clothes continuously in the inside room; (c) but the victim got out of the lock, kids; (d) took out the victim’s arms; (d) led the victim’s face to the ward; (e) led the victim to the ward; (e) 3-4 times the victim’s face with his hand; and (e) led the victim’s face to c-4 times the victim’s resistance and panty; and (e) tried to rape the victim’s chest and panty with his finger and panty hands; (e) attempted to commit rape without being under influence, and (e) attempted to have the victim take part in the victim’s clothes, which requires treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. Application of Acts and subordinate statutes on diagnosis of injury, and photographs of victims;
1. Relevant Articles 8 (1), 15, and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 319 (1) and 297 of the Criminal Act concerning the facts constituting an offense;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;
1. The exemption from the disclosure order and notification order does not have the same criminal record as the defendant does, the defendant appears to have caused the crime of this case by contingency under drinking, and other age, occupation and disclosure order of this case.