A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Criminal facts

1. 피고인은 2008. 9. 12. 01:40경 김해시 E에 있는 원룸건물에 이르러, 가스배관을 타고 올라가 피해자 F(여, 당시 16세)이 거주하는 위 원룸 205호의 화장실 창문을 뜯어내고 안으로 침입한 다음 그곳 방안에서 잠을 자고 있던 피해자의 몸 위에 올라타고 "반항하면 죽인다, 가만히 있어라, 눈 감아라"라고 위협하여 피해자의 반항을 억압한 후 한 손으로 피해자의 입을 막고 다른 손으로 피해자의 옷을 모두 벗긴 다음 강제로 입맞춤하고 입으로 피해자의 젖가슴과 음부를 빤 후 피해자로 하여금 피고인의 성기를 빨게 하였다.

2. On December 3, 2010, at around 00:18, the Defendant discovered that the victim H (at the time, 25 years of age) was coming down from a bus in front of the livestock cooperative located in Kimhae-si G, and that the Defendant was in the residence of the victim of the I building 305, G, Kimhae-si, 305, a 50-meter away from the victim’s place of residence, with the mind that the victim would be able to commit rape.

In addition, when the victim wants to open the entrance of the above I building 305 and close the entrance, the defendant attempted to take the entrance by hand and enter the entrance in the house by force so that the victim may not resist, and rape the victim by hand, but the defendant did not escape and attempted to escape with the wind that the defendant's fingers of the victim's hand, which prevents the victim from suffering, is broken, the string, and the string of the strings of the defendant's hand.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol of the accused;

1. Application of each police protocol to F and H

1. Article 4 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Act No. 10258, Apr. 15, 2010) concerning criminal facts, Article 4 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the protection of victims thereof.