A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

On June 30, 2014, at around 02:55, the Defendant found the victim D (Min, 34 years of age) who was drunk and returning home under the influence of alcohol in the Bupyeong-gu Incheon Bupyeong-gu C apartment complex, Incheon, and had the mind to rape according to the victim.

The Defendant: (a) was driving away the victim behind the victim, and the victim opened the door of the apartment before the door close; (b) went into the house before the victim opens the door of the apartment; and (c) checked the victim’s house; and (d) confirmed that the victim was out of the house, and was hidden in the small room.

The Defendant: (a) the Defendant, at one hand, had the victim enter a small room in order for the victim to bleep; (b) placed the victim on the floor; (c) threatened the victim with “snick, off the clothes”; and (d) had the victim whose resistance was forced to flick off his clothes on the part of the Defendant who intruded into an unclaimed house; and (c) had the victim, who was forced to flick off his clothes on one occasion, had the victim sexual intercourse with the victim.

Accordingly, the defendant invadedd the victim's residence and raped the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Reports on the occurrence of crimes, reports on internal accidents (the securing of CCTVs), reports on internal accidents (CCTV analysis reports), reports on internal accidents (the analysis of CCTVs on the routes of intended use), and reports on internal accidents (the verification of CCTVs on the site of the incident);

1. Investigation report (the notification of an excursion ship as a result of request for DNA appraisal);

1. Application of Acts and subordinate statutes to written appraisal;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 297 of the Criminal Act concerning facts constituting an offense, and Articles 319 (1) and 297 of the

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. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation, and Article 62-2 (1) and (2) of the Criminal Act;

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

1. An order for disclosure;