However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

1. On April 2013, 2013, around 01:30 on the lower order, the Defendant entered the studio in the above studio via the entrance door opened to the second floor through the stairs of the first floor, and intruded into the above studio where the victim D (n, 39 years of age) resides.

2. On May 5, 2013, the Defendant: (a) entered the said studio 2nd floor through stairs in the same way as the preceding paragraph at around 01:00, and went to the third floor through stairs; (b) went to the third floor through the window of the third floor; (c) intruded by opening a locked window under 305 where the said victim resides with the said 305th floor and entering the room; and (d) kid by getting out the body of the victim who was locked at the bed, and kid by getting out of the bed, leaving the victim’s resistance, kiding the chest, and raping the victim, but the victim tried to rape the victim, but the victim did not have attempted to turn out the Defendant’s face by fasting the Defendant’s chest and turning on the stand.

Summary of Evidence

1. Defendant's legal statement;

1. The second written statement made by the police against D;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment to suspect photographs, etc.);

1. Relevant legal provisions concerning facts constituting an offense, Article 319(1) of the Criminal Act (the occupation of intrusion upon residence, the choice of imprisonment), Articles 14 and 3(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply), Articles 319(1) and 297 of the Criminal Act (the occupation of attempted intrusion upon residence and rape, and the choice of limited imprisonment);

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act to be legally mitigated [the crime of attempted crimes and violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes]

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment, etc. of Sexual Crimes of which punishment is heavier)