The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Provided, That the above punishment shall be imposed for five years from the date this judgment became final.

Summary of Grounds for Appeal

Defendant

The sentence of the lower court (two years and six months of imprisonment) is too unreasonable.

In light of the method, motive, and circumstance of the Defendant’s crime, and the relationship with the victim, etc., it is unreasonable for the lower court to issue an order to disclose and notify the Defendant’s personal information, inasmuch as there are no special circumstances that may not disclose or notify the Defendant’s personal information.

Judgment

The sentencing criteria shall not apply to the crimes of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (or Rape, etc.) in the scope of recommendations according to the sentencing guidelines, since they were attempted.

The application of the criteria for processing multiple crimes of larcenys (the scope of recommending punishment) to general property, the basic area of larcenys [the scope of recommending punishment], one year or two years or more years and six months: Imprisonment for at least one year (the concurrent relation between the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the Violation of the Act on the Punishment, etc. of Sexual Crimes) to which the criteria for sentencing are not applicable and the crime of concurrent crimes under the former part of Article 37 of the Criminal Act, so only the minimum limit of the guidelines for sentencing shall apply] of the defendant judgment has the history of having been sentenced to criminal punishment and criminal punishment of a fine for three times or one time due to a special larceny, etc., and the crime of this case is committed by the defendant by impairing the residence of the victims in a way beyond the windows of multi-household houses at night, and it appears that the victims have suffered a theft and suffered a severe mental shock or physical pain.

However, in light of the following circumstances, the Defendant committed the instant crime under the influence of breath alcohol, and the Defendant committed the crime of intrusion upon residence and rape, by leaving the Defendant’s cash withdrawal card and shoes at the scene of the crime, and entering into the Defendant’s house in front of the apartment that was the Defendant’s residence after the crime.