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 four years from the date this judgment becomes final and conclusive.
Criminal facts
1. On April 20, 2012, at around 04:55, the Defendant opened and intruded the entrance door of the above hospital located in the Dong-gu Busan Metropolitan City, which was not corrected by 612, and then opened the entrance door of the victim E (the age of 42) in his/her hands, and opened the buckbucks of the victim E (the age of 42) in his/her panty with the victim's panty, and met the sound part of the victim.
Accordingly, the defendant invaded into the room possessed by the victim and committed an indecent act against the victim by taking advantage of the state of difficulty to resist.
2. On December 16, 2012, at around 03:00, the Defendant opened and intruded the entrance door of the sick room in which no correction was made at the above hospital 509, and the victim F (the age of 33) was covered by the victim F (the age of 33). In addition, the Defendant stored the victim’s hand, and met the victim’s left side buckbucks and bucks.
Accordingly, the defendant invaded into the room possessed by the victim and committed an indecent act against the victim by taking advantage of the state of difficulty to resist.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of the E, F, and G;
1. Application of CCTV image photograph Acts and subordinate statutes;
1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act concerning criminal facts and the choice of punishment for each sexual crime;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes against a victim F with heavier penalty provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (aggravated Punishment, etc. of Concurrent Crimes)
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. Article 16 (3) and (8) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation; Article 30 (2) of the Act on Probation, etc.;
1. Article 16 (2) and (8) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 59 of the Act on Probation, etc.