성폭력범죄의처벌등에관한특례법위반(특수강도강간등)
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 four years from the date this judgment becomes final and conclusive.
Punishment of the crime
On May 28, 2012, at around 22:40, the Defendant opened a entrance with no correction of money and valuables at Gangdong-gu Seoul Child Care Center, and intruded into the said child care center.
After entering the room, the defendant was found to have taken money and valuables to be stolen by entering the class seen as the front side.
However, the victim D (n, 22 years old) who is a child care teacher at the second floor of the above child care center was able to hear the number of persons, and found the defendant and found the defendant.
Accordingly, the defendant was able to see the lux of the lux of the lux of the lux of the lux of the lux of the lux of the lux of the lux of the lux of the lux of
The defendant continued to attract the victim's knife the victim's knife by knife the knife at his hand, and the defendant brought the knife by knife the victim's knife at his second hand.
Therefore, the defendant and the victim got over the floor of the knife who caused the knife of the knife.
At this time, the Defendant committed an indecent act by force against the victim by drinking the victim's mind to commit an indecent act in a timely manner by drinking the victim's chest, driving the victim's chest with his/her hand, driving the victim's sound with his/her hand.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A victim and on-site photograph;
1. Investigation report (to specify the identity of the DNA appraiser and suspect, and to hear victim's telephone statements);
1. Application of the Acts and subordinate statutes to the complaint;
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 342, 330, and 298 of the Criminal Act concerning the facts constituting an offense;
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. Probation and community service criminal law;