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

At around 03:40 on August 9, 2010, the Defendant had been placed on the floor room of the body room of the first floor of the victim E and the victim F (the age of 27 years) in a pented, and sentenced the Defendant to steals the things.

The Defendant, who opened and intruded with an unrecepted shocked network and window, and then cut off reflective bags for men, which contain 2,70,000 won in cash owned by the victim E, credit card 2, SK OF Bank's deposit card 1, and Roto lottery 2, etc.

While the Defendant continued to put up a scheme, the Defendant discovered that the Victim F was divingd in the bed while he was off his clothes, and tried to rape.

The Defendant, who was in the lower part of the victim F, exceeded clothes, and was raped once by taking advantage of the condition in which the said victim was unable to resist due to locked and taking advantage of the state in which she was unable to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. The application of Acts and subordinate statutes on the confirmation of identity of rape cases and the request for appraisal;

1. Relevant legal provisions concerning criminal facts and Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11088, Nov. 17, 201); Articles 330 and 299 of the Criminal Act [the maximum of imprisonment with prison labor: Provided, That the maximum of imprisonment with prison labor shall be 15 years prescribed by the main sentence of Article 42 of the former Criminal Act (Amended by Act No. 10259, Apr. 15, 201)];

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. Probation, orders to provide community service and attend lectures, the proviso to Article 62-2 (1) and (2) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Article 37(1)1 and Article 41 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against which an order to disclose or notify is issued;