성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
A defendant shall be punished by imprisonment for three years.
However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a student attending a D University and resides in F 1, F 419, which is a school dormitory in Nam-gu, Busan.
At around 03:52 on May 24, 2013, the Defendant committed an indecent act against female students who intruded on the F8,9 floors living by female students.
1. On May 24, 2013, the Defendant: (a) opened a non-rest visit in front of a room where the victim G(s) located in F 1 and 9 years old in F 20 years old; and (b) intrudes on the victim’s residence; (c) opened the victim’s buckbuck in front of a room where the victim G (s) located in F 1 and 9 years old; and (d) committed an indecent act by taking advantage of the victim’s mental health condition as the victim’s hand.
2. The Defendant, at around 04:00 on the same day, opened a visit that was not corrected in front of the B office where the victim H (n, 17 years of age) was living in F 1 and 8 years of age, and intruded on the victim’s residence, and committed an indecent act by taking advantage of the victim’s defective condition of mind.
3. The Defendant, at around 04:04, committed the crime against the victim I, opened a visit that was not corrected in front of the C office in which the victim I (n, 19 years of age) was living in F 1 and 8 years of age, and intruded on the victim’s residence, and committed an indecent act by taking advantage of the victim’s defective condition of mind.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of the I, H and G;
1. Application of Acts and subordinate statutes to the investigation report (to the photograph of the accused, etc. confirmed at the time of committing);
1. Article 3 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply), Articles 319 (1) and 299 of the Criminal Act concerning criminal facts and the choice of punishment;
1. An aggravated punishment of concurrent crimes is the most serious punishment under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.