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 this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person attending the third year of a university.
On July 13, 2015, the Defendant: (a) around 22:40 on July 13, 2015, the Defendant: (b) reported that the victim E (here 20 years of age) glicked in Suwon-si D Day; (c) followed the Defendant’s mind to rape the female.
The Defendant: (a) arrived at the studio building where the victim lives, opened the door door of the building and entered the building according to the female; and (b) opened the studio in which the victim resides and intruded on the victim’s residence.
In addition, the defendant tried to rape after suppressing resistance, such as cutting the victim's both shoulder, cutting the son into the ward, cutting the son into the room, cutting the breast, cutting the son into the room, cutting the son's body against the victim, cutting the son's shoulder, cutting the son's son's son, cutting the son's son's son into the room, cutting the son's son's boom, cutting the son's son's boom, cutting the son's boom, cutting the son's boom, cutting the son's boom, and cutting the son's boom, and attempted to rape. However, the victim failed to come out of the house by booming the defendant with his son's hand and b
Accordingly, the defendant attempted to rape the victim by impairing the victim's residence.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E and F;
1. A written statement;
1. Photographs, CCTV photograph, etc.;
1. Application of Acts and subordinate statutes to the criminal place, notification to the department reporting the 112 Incident, each internal investigation report (Evidence List Nos. 8,9), each investigation report (Evidence List Nos. 12, 14, 21)
1. Relevant Articles 15 and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes, Articles 319 (1) 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 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. Probation, orders to provide community service and attend lectures, sexual crimes;