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

At around 03:30 on August 9, 2013, the Defendant discovered that the victim was locked and was locked through open windows, and caused the victim to have sexual intercourse by using the gap in which the victim was locked.

The Defendant removed three crime prevention windows installed at the main window of the Defendant, removed the windows, removed them, and intrudes on the residence of the victim, and subsequently, the Defendant was unable to reach the intent of the victim, even though the victim was able to have sexual intercourse with the victim, who was locked in the room while under the influence of alcohol, attempted to have sexual intercourse with the victim, but the victim did not sound the victim “satis” in the lock.

Accordingly, the defendant was trying to have sexual intercourse with the victim by infringing the victim's residence and taking advantage of the state of impossibility to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes to field photographs, reports on the results of field identification, fingerprints of a residential intrusion case, pictures related to the case, investigation reports (related to hearing of additional statements by the victim), and written appraisal;

1. Relevant Articles 15 and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act;

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 consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 49 (1) 2 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is ordered to disclose;

1. The crime of this case committed on the grounds of sentencing under Article 50(1)2 and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, is opened by the Defendant’s opening of a crime prevention window installed on the new wall, and the damaged female intrudes on the residence where he/she lives.