A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Criminal facts

피고인은 2013. 10. 3. 06:30경 남양주시 C 소재 D모텔 204호의 잠겨 있지 않은 출입문을 열고 위 모텔방 안에 침입한 후 그곳에서 자고 있던 피해자 E(여, 19세)의 몸을 강제로 만지고, 이에 잠에서 깨어난 피해자의 팔을 붙잡아 “죽여버리겠다. 두 번 다시 엄마, 아빠 볼 수 없을 것이다. 칼을 가지고 있는데 쑤셔버리겠다"고 말하여 피해자의 반항을 억압한 다음 피해자의 몸을 혀로 핥고 피해자의 질 내에 손가락을 집어넣어 위아래로 움직인 후 자신의 성기를 피해자의 질 내에 삽입함으로써 피해자를 강간하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police against E (Evidence No. 4-21 to 27 pages);

1. The police statement concerning F;

1. Application of investigation reports (investigation into CCTV analysis)-related statutes;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 297 of the Criminal Act concerning facts constituting an offense, and Articles 319 (1) and 297 of the

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years;

2. Scope of recommended sentences according to the sentencing guidelines (determination of types of punishment), general standards, rape (subject to at least 13 years of age), two types of types (Rape, such as intrusion upon residence), basic areas (subject to recommendation and recommendation), five years of imprisonment, or eight years of age;

3. Determination of sentence: Imprisonment with prison labor for not less than four years [fluoral circumstances] reflects on the same kind of power [fluoral circumstances], although it appears that the mental or physical shock suffered by the victim was very significant, no recovery of damage is possible;