성폭력범죄의처벌및피해자보호등에관한법률위반(주거침입강간등)
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 8, 2009, from around 20:30 to 23:00, the Defendant her fly fly fly fly fly fly fly fly fly fly fly flyd with the victim E (nive, 45) who fly fly fly fly fly fly fly fly fly fly flyd
The Defendant, who was in the influence of alcohol, returned first to his house, and after the completion of the drinking house, found out the fact that he was in the body of the victim, was able to rape the victim.
At around 00:00 on September 9, 200, the Defendant intruded the victim’s inside, and did not have a corrective device before the victim’s house located in the Go Chang-gun F of North Chang-gun of North Korea, with one hand, and prevented the victim from getting out of, and going off, her left arms with another hand, by cutting off the victim’s hand. The Defendant tried to rape the victim by breaking the victim into the victim’s sexual intercourse, since the victim was unable to resist by dividing the victim into “I am off, hing off, hinging off, or hinging off,” and even if the Defendant attempted to commit rape, the Defendant did not have attempted to have the victim escape out of the house, and did not have the intent to escape.
Summary of Evidence
1. Partial statement of the defendant;
1. Each protocol concerning the examination of the accused by the prosecution;
1. Each statement of E, G and H;
1. Requests for each appraisal;
1. Application of Acts and subordinate statutes to notify the results of statement analysis;
1. Article 12 and Article 5(1) of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof (amended by Act No. 910, Apr. 15, 2010; hereinafter the same shall apply); Articles 319(1) and 297 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010; hereinafter the same shall apply);
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. Suspension of execution is Article 62(1) of the Criminal Act (the following extenuating circumstances among the reasons for sentencing).