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A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of imprisonment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is the husband and wife relationship with C, and the victim D(n, 21 years of age) was the wife of C from July 2014 to the wife of the defendant in Gwangju City, who had resided in the form of free lease from around July 2014.
On August 26, 2014, at around 04:00, the Defendant opened a visit to a lower room and opened a locking victim.
Although the Defendant resisted that “the victim shall not string off, hing off, and hing off,” the Defendant she exceeded her inner part and pushed off the victim’s hand, she fladed off the victim’s reflects the victim’s resistance by cutting off her anti-flaps and clothes, cutting off the victim’s her inner part of her body, cutting off the victim’s resistance by taking advantage of the victim’s body, coercing the victim’s inner part of her inner part of her inner part of her body, inserting the victim’s sexual part into the victim’s sexual part of her inner part of her body, inserting the victim’s body into the victim’s inner part of her inner part of her body, her inner part of her inner part of her body, including any defect that the victim tried to come out of her inner part of her body, and her part of her own sexual part of body was inserted.
Accordingly, the defendant invadedd the victim's room and raped the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Grade D among the third protocol of interrogation of the accused's suspect to the prosecution;
1. Statement made to D or C by the police;
1. Written response to requests for appraisal of sexual violence;
1. Application of each Act and subordinate statutes on evidence photographs (Kakao Stockholm dialogues);
1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 319 (1) and 297 of the Criminal Act concerning the facts constituting an offense;
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 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation, community service order or order to attend a lecture;
1. An order of disclosure and notification;