성폭력범죄의처벌등에관한특례법위반(특수강간)
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 of the final judgment.
Punishment of the crime
On May 28, 2013, the Defendant came to singing and became aware of the Victim C (the Defendant, 51 years old) who was the “a person to do so”.
On May 30, 2013, at around 08:40, the Defendant, at the Defendant’s house located in Dong-gu Incheon Metropolitan City, called the victim’s house and called the victim’s house to enter the place of his house, and her sexual intercourse with the victim at the inside of the Defendant’s house at around 11:40 of the same day after drinking together, suspended sexual intercourse by stating that “the victim shall not have any money any longer,” while having sexual intercourse with the victim at the inside of the Defendant’s house, and became aware of the victim’s sexual intercourse with the Defendant.
Accordingly, the defendant thought that the victim did not have with himself nor with another male, and tried to rape by threatening the victim.
On the other hand, the Defendant continued to take the kitchen blades in the kitchen, and walking a locked door, and pushed the victim into the kitchen, and then pushed the kitchen blades in the victim’s item, and took the kitchen blades into the victim’s body, and made a rape by threatening the victim to “I see that I am going to the front door, I am to the front door. I am to the front door,” and again, by taking a portable gas park, which contains but to the front door of the living room, and the gas of gas bags, I am to the front door, and repeatedly am to the front door, and by threatening the victim’s resistance, I am to the effect that “I am to the front door, I am to the front door, I am to the end of the living room, and am to the front door.”
Summary of Evidence
1. Defendant's legal statement;
1. Application of the police protocol law to C
1. Article 4(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply), comprehensively including relevant legal provisions on criminal facts and the choice of a sentence, shall be governed by the former Criminal Act.