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 29, 2014, at around 06:19, the Defendant intruded the victim E (n,e.g., 51 years of age) located in Jung-gu Seoul Metropolitan Government, and opened a gate and moved out of the gate to secure the way of escape.

At around 06:26, the Defendant continued to enter the gate opened in advance, opened a gate that was not corrected, and intruded into the gate that was not corrected, and then opened the panty to the panty bucks by the victim, and put the panty bucks into the part of the victim as soon as possible, and put the hand in the part of the victim as the victim’s sexual flag.

Accordingly, the defendant invadedd the victim's residence, and used the victim's failure to resist, thereby committing similar rape.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report (ctv photographs at the time of intrusion) and investigation report (in relation to the moving routes of the suspect's place of crime), and investigation report;

1. Application of each statute on photographs;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes; Articles 319 (1), 29, 297-2 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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the main sentence of Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the main sentence of Article 50 (1) of the Act on Protection of Children and Juveniles against Sexual Abuse;

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. The scope of recommendations according to the sentencing guidelines (determination of types of punishment), general standards, rape (subject to at least 13 years of age), intrusion upon residence, etc. shall be mitigated (special-specing person):