A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Criminal facts

The Defendant works as an employee of “E” corporation at the “D Construction Site” located in Jeonan-gun, Chungcheongnam-gun, and the victim F (V, 41 years old) is a person who operates a restaurant on the said construction site.

On September 23, 2012, from around 01:0 to 02:00, the Defendant left the front house of the Defendant at the construction site to the restaurant of the victim 15 meters away from around 15 meters.

In addition, the defendant opened a entrance with the key and opened up to the inside room used by the victim, and intruded on the residence of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the first police statement law to F;

1. Relevant legal provisions concerning facts constituting an offense, and Article 319 (1) of the Criminal Act of the option of imprisonment;

1. The Defendant’s crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act (the favorable circumstances among the reasons for sentencing below) is deemed to have invaded upon the room by the female at night, and the nature of the crime is bad.

On the other hand, it is an element of sentencing favorable to the defendant, such as the fact that the defendant committed the crime of this case in a somewhat under the influence of alcohol, that the victim does not want the punishment against the defendant by mutual consent with the victim, and that the defendant

Furthermore, the sentencing data, such as the age, character and behavior, and environment of the defendant, were considered equally.

The acquittal portion

1. The summary of the facts charged is that the Defendant intrudes on the victim’s house, such as the statement in the judgment of having the mind to rape the victim, and tried to further and rape the victim’s body by enjoying the potential victim’s side.

Therefore, the sounder, the defendant, the victim called "Ieman Hayman." in diving, and the defendant, "I am a thickness locked", while making a ditch with the victim about about 10 minutes, and the victim actively resisted that I am soon while driving his body in flash.