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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 was a taxi driver belonging to the wood C Company.
On June 27, 2006, around the new wall, the Defendant: (a) landed the victim D (V, 36 years of age) on the near road of the wooden 2 square; (b) and (c) landed before the Etel in front of the Gtel.
The Defendant, while under the influence of alcohol, had the victim feel to have sexual intercourse when the victim had panty panty kids through a small room window No. 202, 202, following the victim’s entry into the said tel 202 movement.
At around 03:20 on the same day, the Defendant returned to the taxi and 30 minutes of the victim was divingd, and infringed on the 202 small room, and opened a window to the string of the instant officetel, and met the victim’s bridge and the string of the victim’s bridge by hand. In the string, the victim discovered that he was not the husband, and that he was not the husband, and escaped through a small string window.
In this regard, the defendant did not intend to have sexual intercourse with the victim who was unable to resist due to the victim's intrusion upon the victim's residence, but did not have such intent.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes to written appraisal;
1. Relevant legal provisions and the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Protection, etc. of Victims thereof [Article 10258 and Article 5(10) of the Addenda of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes] Articles 12 and 5(1) of the Criminal Act, Articles 319(1) and 299 of the Criminal Act [The choice of imprisonment: Provided, That the upper limit of imprisonment shall be 15 years prescribed by the main sentence of Article 42 of the former Criminal Act (Amended by Act No. 10259, Apr. 15, 2010)].