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 of the final judgment.
Punishment of the crime
On August 3, 2013, the Defendant, along with four daily travels, including the victim D (V, 29 years of age, E.) who is a friendship, was traveling in the vicinity of G amusement park located in B in Yang-si, Yang-si. The victim 502, and four male members, including the Defendant, were diving in H, and the Defendant was able to commit an indecent act by taking advantage of the victim’s condition that the victim was unable to resist by taking advantage of being able to resist.
On August 4, 2013, at around 02:30, the Defendant: (a) stated that “the Defendant was under the influence of alcohol, thereby opening a door so as to locking the door; (b) had J open the door of 502 room where the victim was divingd; and (c) invaded into the said room by having the victim mask Turkey, and committed an indecent act against the victim, such as fasting the chest of the victim who was divingd by her hand, and drinking by her hand.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to D or J;
1. Application of Acts and subordinate statutes to investigation reports (data submitted to victims - 112 reported details);
1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act;
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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 50(1) proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused