성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)등
A defendant shall be punished by imprisonment for not less than three years and six months.
The defendant shall complete a sexual assault treatment program for 80 hours against the defendant.
Punishment of the crime
1. On July 30, 2015, the Defendant, in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Forced Intrusion on Residence) committed a telephone call to the said E in front of the G dormitory of the victim E (n, 25 years old), and F (n, 23 years old) located in the Busan Young-gu, Busan, Busan, on July 30, 2015, and “F is under the influence of alcohol.”
“Along with a false statement, the above password was identified, and then the above password was entered into the residence of the victim E, and then the victim was opened and opened a entrance at that time, kidd by drawing the door by him/herself, and the victim was kids, who continued to be placed on the bed by the victim’s room, and kid by placing the victim at the bed and kids, putting the victim at the bed, and kids, putting the two arms at the bed, thereby committing an indecent act by force.
2. From around 02:00 on July 30, 2015 to around 05:00 on the same day, the Defendant intruded into the victim F’s residence in the same manner as that of paragraph (1) between around 02:00 and around 05:00 on the same day, and went off the victim’s panty, who was locked under the influence of alcohol, and had sexual intercourse once by putting the panty of the victim’s panty over his/her sexual flag with the red sea cover.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to F and E;
1. Written response to a request for appraisal;
1. Each investigation report (the No. 11, 13, and 17 of the evidence list) (the defendant and his defense counsel had mental and physical weakness under the influence of alcohol at the time of committing the instant crime;
In light of the evidence duly adopted and examined by the court, although the defendant was found to have her drinking alcohol at the time of the instant case, in light of the background leading up to the instant crime, the means and method of the crime, and the subsequent circumstances, etc., it cannot be deemed that the defendant did not have the ability to discern things or make decisions, and thus, the above assertion by the defendant and the defense counsel cannot be accepted.
Application of Statutes
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