성폭력범죄의처벌등에관한특례법위반(주거침입준강간)
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
around 05:00 on September 19, 2016, the Defendant stated the facts charged in the instant case “ around 06:00 on September 19, 2016,” but appears to be a temporary border on the record.
When the defendant in Suwon-si, Suwon-si, a manager, reported the victim E (the family name, female, 23 years old) who was living in the 203 room (hereinafter referred to as the "the her room of this case") at the her 203 room (hereinafter referred to as the "the 'the her room of this case"), and she became aware of the fact that the victim's male-child room in the above her room of this case was separated from the her room of this day at around 07:30 on the same day, while the her male-child room in the above her room of this case was separated from the her room of this case, it was confirmed that the her door was closed, and that the victim was married in the her room of this case.
At around 09:08 on the same day, the Defendant opened the above room which was closed in front of the instant telecom, discovered the victim who was divingd in the inside, and intruded into the inside of the said room, and, by hand, went off the part of the victim's body, who was in a state of resisting the victim's body and the part of the victim's body, and was unable to resist with the victim's sexual intercourse once by inserting the victim's sexual organ into one.
Summary of Evidence
1. Partial statement of the defendant;
1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;
1. Partial statement of each police suspect examination protocol against the accused;
1. Statement of the police statement of E;
1. Each police investigation report (in relation to the field conditions, etc. of the case, emergency sets, details to supplement the victim's statement, request for appraisal, etc., response to the oral statement of appraisal) and recording and reporting (including attached data);
1. 112 Application of the processing table of reported cases, requests for genetic appraisal, and replys to requests for appraisal; and
1. Relevant 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 selective punishment of sexual crimes;