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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.
Reasons
Punishment of the crime
The Defendant and the victim C (the family name, am, May 1982, the age of 34) were the strings. The Defendant, around 19:00 on May 26, 2016, told the victim’s house located in Gwangju Northern-gu, to have a dispute at a am, and anticipated that the victim would not open the door, and went through the window to intrude into the victim’s house (the second floor of the studio building).
The Defendant parked and loaded the Defendant’s truck onto the wall of the victim’s house by fasting and loading the hedging part, followed the victim’s house through windows, and intruded the victim’s house by reporting on and rapeing the victim in that place, setting the victim on a bed, setting off the victim at a bed, putting the victim at a bed, putting the victim on a bed, and knife the Defendant into his body, cut off the victim’s body, forced the victim’s body to suppress the resistance, and forced the victim’s clothes off, and raped the Defendant’s sexual flag by inserting it into the part of the victim.
Accordingly, the defendant invadedd the victim's residence and raped the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of C’s written laws and regulations
1. Article 3 (1) of the relevant Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes and Articles 319 (1) and 297 of the Criminal Act concerning criminal facts;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;
1. The proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the defendant has no previous criminal record of a sexual crime, the motive and method of committing the crime in this case, the character, conduct and environment of the defendant, etc., as well as the degree and foreseeable side effects of the defendant's disadvantage due to the disclosure order and notification order, and the effectiveness and registration of a sexual crime subject to registration that may be achieved therefrom