성폭력범죄의처벌등에관한특례법위반(주거침입준강간)
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 March 26, 2015, at around 00:47, the Defendant: (a) reported that the victim E (n, 21 years of age) is walking along the breath of drinking water and walked, and (b) entered the victim’s body and panty in accordance with the former F 310, which is the victim’s residence; (c) went off the victim’s body and panty; and (d) inserted the Defendant’s sexual organ into the part of the victim’s body.
Accordingly, the defendant invadedd the victim's residence, and raped the victim who is in a state of breathing.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of statement to E and investigation report (to hear victim's telephone statement);
1. CCTVs and CCTV photographs of suspects and victims;
1. Application of Acts and subordinate statutes to a response to a request for appraisal;
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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):
1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);
1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Probation, community service order and lecture
1. Personal information shall be registered when taking into account the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempt from disclosure order and notification order; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse [the Defendant’s age, occupation, family environment, social relationship, criminal record, and risk of recidivism (no criminal record) recognized as recorded; and (c) profits and preventive effects expected by the disclosure order or notification order of this case; and (d) disadvantages and side effects resulting therefrom].