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 three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On May 27, 2015, around 22:30 on May 27, 2015, the Defendant intruded the victim C (Inn, 43 years of age) at the house (one floor) of the victim C (one floor) located in Changwon-si, Changwon-si, with the entrance and entrance, and had the victim discovered the victim who was in his/her place and had sexual intercourse with the victim.
The Defendant left the part of the victim’s her her panty and the right part at the inside and outside of the inside of the inside, and her her t t t t t t t t t t t t t t t t t t t t t t t t t t t t t t t t t t t t t t t t t m of the victim, and the victim exceeded the victim’s t t t t s
In the end, the Defendant attempted to have sexual intercourse with the victim by taking advantage of the victim's state of non-fluence to resist, but the Defendant attempted to have attempted the victim's children by shouldering the victim in diving.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to D or C;
1. A detailed statement of investigation reports (Attachment to field photographs), investigation reports (Attachment to a detailed statement of processing reports on 112 cases), and 112 reported cases;
1. Application of Acts and subordinate statutes on site photographs;
1. Relevant Articles 15 and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act;
1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. The age, occupation, family environment, and society of the accused recognized in the records under Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;