Ba ckg ro und o f the C a s e
The complainant was sentenced to imprisonment for having violated Article 319(1) (Intrusion upon Habitation)
and then Article 298 (Indecent Act by Compulsion) as well. With his appeal pending, the complainant filed a
motion for constitutional review of Article 3(1) of the Act on Special Cases Concerning the Punishment, etc. of
Sexual Crimes but had it denied, so he filed the constitutional complaint in this case.
The matter subject to review in this case is the constitutionality of the part of Article 3(1) of the former Act on
Special Cases Concerning the Punishment, etc. of Sexual Crimes (enacted Act No. 10258, Apr. 15, 2010 and
later amended by Act No. 11556, Dec. 18, 2012, hereinafter "Sexual Crimes Punishment Act") stating, “A
person who commits a crime prescribed in Article 298 (Indecent Act by Compulsion) of the Criminal Act while
committing a crime under Article 319 (1) (Intrusion upon Habitation) of the same Act shall be punished by
imprisonment for life or for not less than five years (hereinafter the "Provision)." The Provision is set out
below:
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