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A defendant shall be punished by imprisonment for three years.
However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant around 04:00 on August 25, 2013, around 04:0, the defendant passed around the house of the victim D (at 48 years old) located in Geumcheon-gu Seoul Metropolitan Government 103, and discovered that the victim was diving in the way of opening the entrance, and entered the house through the open entrance of the victim.
The Defendant laid off the body of the victim’s kitchen, which is a deadly weapon ( approximately 10cm in blade length), in the kitchen of the victim’s house, and embling the excessive amount of a deadly weapon, which is a deadly weapon in the part of the victim’s body, and embling it into the victim’s body, and threatening to “hinging the victim’s body, embling it, embling it, embling it, hinging it, hing the death, hing the victim’s body, and hing the victim’s resistance, and embling the victim’s body by putting the victim’s sexual organ into the victim’s body, and committing rape by inserting the Defendant’s sexual organ into the part of the victim’s sound.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes concerning vehicle booms photographs;
1. Article 4 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes, and Article 297 of the Criminal Act;
2. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;
3. Article 62 (1) of the Criminal Act;
4. Grounds for sentencing under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. Two years and six months to fifteen years from the date of imprisonment with prison labor for a prison labor in Acts;
2. The scope of recommendations according to the sentencing guidelines [the decision of types] the general criteria for sex offenses (the person under 13 years of age or older) and the special rape (the second type) [the mitigated element of a person under s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s
3. Determination of sentence: Imprisonment; and