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A defendant shall be punished by imprisonment for not less than one year 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 male-child who was the victim B (math, 33 years of age) and was the victim on August 21, 2018.
1. A rape: (a) around 17:00 on August 23, 2018, the Defendant concealed in the above residence in the Young-gu C building in Suwon-si and the victim’s residence; (b) the victim returned home and discovered the Defendant; (c) the victim led the victim’s hand to be laid off on the bed; (d) the victim was laid off on the bed; (c) the victim was able to resist with his body while leaving his body; (d) three times at times after the victim’s son’s boom; and (e) when the victim took her part once in drinking, she forced the victim’s load; and (e) sexual intercourse with the victim; and (e) the victim was raped.
2. Around August 25, 2018, the Defendant entering a residence was in the same place as the above Paragraph 1, and the Defendant used a smart card key that had been holding before the victim changed the password and corrected the password, and entered the next victim’s residence into the above residence and invaded upon the victim’s residence.
Summary of Evidence
1. Defendant's legal statement;
1. The prosecutor's statement concerning B;
1. The police statement concerning B;
1. B written statements;
1. E materials;
1. Application of on-site photographs, calendar photographs, mermograph photographs, and letter photographic Acts and subordinate statutes;
1. Relevant legal provisions concerning facts constituting an offense, Article 297 of the Criminal Act that selects a punishment, and Article 319 (1) of the Criminal Act (the points of intrusion upon residence and the choice of imprisonment);
1. Aggravation of concurrent crimes among concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment of concurrent crimes (within the scope of adding up the long-term punishment of the above two 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 extenuating circumstances among the reasons for sentencing);
1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. Exemption from an order of disclosure and notification;