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

The defendant was the operator and victim E of the D main points in Sungnam-si, Sungnam-si, the defendant was the female employee.

From July 17, 2013 to July 18, 2013, the Defendant saw the victim under the influence of drinking together with F, an employee of the said drinking house, to have the victim gather, but the Defendant was aware of the password by reporting that the victim was able to take the password of the entrance.

1. On July 18, 2013, at around 06:30, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (such as Residence Rape, Rape, etc.) opened a door door and intrudes upon the victim’s residence by entering the house, which was known as above, before the victim’s house located in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Sungnam-gu, and then used the victim’s state of failing to resist, and had sexual intercourse with the victim off his clothes and pantyty.

2. On July 26, 2013, the Defendant attempted to intrude upon a residence of the said victim at around 04:30, the Defendant opened the door door and opened the door. However, by misunderstanding the password, the Defendant did not commit an attempted noise, she did not reach the victim’s sound, even though she did not go through an attempted noise, due to misunderstanding of the password.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Each internal investigation report (the Nos. 3 and 4 of the evidence list) and each investigation report (the No. 6,9,11 of the evidence list);

1. Application of the video CD-related Acts and subordinate statutes;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1), 299, and 297 of the Criminal Act, and Articles 322 and 319 (1) of the Criminal Act concerning the facts constituting an offense;

1. From among concurrent crimes, the number of concurrent crimes provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravated Punishment, etc. of Sexual Crimes with a more severe penalty) shall be the number of concurrent crimes (the above two).