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
On July 3, 2013, at around 5:00, the Defendant sent a leave of absence to military service and served alcohol with friendly C while drinking, and entered the house of Doudio 502, Daudio 502, Simsan-si, Simsan-si for the purpose of tobacco fraud.
The Defendant discovered that the kitchen windows of the above kitchen 201 are opened while returning tobacco, and the Defendant opened the kitchen window installed on the above room outer wall and opened the kitchen window and entered the above room room with the victim E (the age of 30) where the victim E (the age of 30) resides.
The Defendant: (a) discovered the victim who was divingd at his bed at the bed; (b) went out of panty without having her mind to find out the victim and rape; (c) left the said bed; (d) the victim frightened him with the victim’s body; and (e) frighted him to the victim with only one hand to prevent the victim from participating in play; and (d) frighted him with another hand; and (e) the victim’s body, who was frightened by the victim’s body, led the victim to the victim’s entrance, under the influence of the victim’s resistance; (e) frighted the victim’s chest with the victim’s her hand; and (e) frightened the victim’s chest with the victim’s her hand, and tried to commit rape. However, the victim failed to complete the act by continuously pushing the victim’s body and attempted to commit so.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E;
1. Application of Acts and subordinate statutes on internal investigation reports (CCTV verification and appendix of photographs);
1. Relevant Articles 15 and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 297 of the Criminal Act, the selection of imprisonment for a limited term, and the selection of a punishment;
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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;
1. It is an attempted criminal of sentencing under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.