A defendant shall be punished by imprisonment for three years.

The defendant shall be placed on employment for five years in institutions, etc. related to children and juveniles.

Punishment of the crime

On July 9, 2018, the Defendant, at around 02:20, kept a window that was dangerous in the victim B (n, 26 years of age)’s residence in Gwangju North-gu and opened a window that was not corrected in the said residence and intrudes into the said residence, and subsequently prevented the victim from resisting by threateninging the victim by threateninging the victim’s body, such as the victim’s body, shoulder, bridge, etc., by taking the victim’s hand, leading the victim’s hand, leading the victim’s sexual flag, while committing rapeing the victim’s sexual organ, but the victim resisted the victim’s residence and attempted to flee out of the said residence.

Accordingly, the defendant did not commit rape by infringing upon the victim's residence while carrying dangerous objects.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A protocol of seizure and a list of seizure;

1. A gene appraisal report;

1. Application of Acts and subordinate statutes, such as photographs, CCTV-cape photographs;

1. Relevant legal provisions concerning the facts constituting an offense, and Articles 15 and 4(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Article 297 of the Criminal Act (the attempted special rape and the choice of imprisonment with labor), Articles 320 and 319(1) of the Criminal Act (the occupation of special intrusion upon residence);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the sum of the long-term punishments of each of the above crimes) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order (the Defendant is a foreigner with Kazakh's nationality who does not facilitate communication through Korean language.