성폭력범죄의처벌등에관한특례법위반(절도강간등)
A defendant shall be punished by imprisonment for three years.
However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.
Punishment of the crime
On September 17, 2011, at around 03:30 on September 17, 201, the Defendant followed the studio in front of the studio building in which the victim D (here, 27 years of age) was living, by reporting the victim D (here, 27 years of age) to invalid.
At around 05:30 on the same day, the Defendant divers tobacco in front of the building, and diversating the victim’s house located on the third floor of the studio E-si in Busan-si, into an open window installed on the outer wall of the building, and stolen 60,000 won in cash on the wall of the victim located on the ground of the wall.
The Defendant continued to go off the clothes of the victim's body, who was salved by the victim, and the victim salved with a sound so that the victim can be salved by a defect. However, the victim salved against him, who was salved by the victim, and salved against him, thereby enjoying the body of the victim, who salving him/her and suppressing him/her against him/her.
Accordingly, the victim of frightened frightened frightened frightened frightened frighten, so that the defendant, who was off his clothes, exceeded his clothes and her inner clothes, was raped once.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes to the investigation report (Comparison of video materials);
1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes, Articles 30 and 297 of the Criminal Act;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated for the reason of sentencing):
1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 10567, Apr. 7, 2011) concerning probation, community service, or order to attend a lecture;
1. Article 37 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Public Order;