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
On October 14, 2013, the Defendant: (a) went to the 508 room for cleaning at KRW 06:15 on October 14, 2013, the Defendant: (b) went to the 508 room for the purpose of cleaning; (c) confirmed female customers; (d) opened the door; and (e) cleaning other rooms; and (e) opened the 508 room door with automatic corrective devices by taking the mind that female customers are in the room, and opened it into the room in the possession of the victim E (27 years of age, in which he was in possession of card heat; (d) intrudes the victim’s chest, bucks and bucks by taking advantage of the fact that he was in the state of mental disorder; and (e) retired the victim’s chest by taking advantage of the victim’s left hand and stopping the victim’s knty to knee, and made the victim’s rape into the room by taking advantage of the victim’s injury’s condition.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to CCTV afforestation pictures, photographs and clothes taken by the suspect;
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 319 (1), 297-2, 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 extenuating circumstances among the reasons for 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 and a notification order, 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, has