The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years and by a fine of 300,000 won.

The above fine shall be imposed on the defendant.

Summary of Grounds for Appeal

With regard to the fact of intrusion upon the victim's house on July 26, 2013, the defendant was found to have been raped because he did not have any fact at the victim's house on July 26, 2013. ② With regard to the fact of damaging property after entering his house on August 3, 2013, the defendant's house at the above date and time did not intrude the victim's cell phone at the victim's house, but ③ with regard to the fact of intrusion upon the victim's house on August 9, 2013, the defendant was allowed at the above time and visited the victim's house after entering the house on August 10, 2013, and ④ In relation to the fact of injury and larceny after entering the house on August 10, 2013, the court below did not err by misapprehending the legal principles as to the victim's head and the victim's house or by failing to obtain his clothes in advance.

The lower court’s sentence of unfair sentencing (one year of imprisonment, a fine of KRW 300,00) is too unreasonable.

Judgment

The lower court determined that the victim’s statement at the investigative agency and the court of the lower court, which correspond to the facts charged, are reliable in light of the following circumstances (a recognized fact or a judgment based thereon) that can be known through each evidence investigated by the court of the lower court. The lower court determined that the Defendant invaded the victim’s residence, invaded the victim’s deadly weapon with a deadly weapon, rape the victim, and committed larceny as stated in its reasoning.

(1) A victim shall be the date and time when the defendant intrudes on the house of the victim from an investigative agency to this court, and the defendant.