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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
However, for a period of four years from the date this judgment becomes final and conclusive.
Reasons
1. The gist of the grounds for appeal did not agree to enter the victim’s room, and there was no extenuating circumstance to mislead the victim to believe that the victim gave consent thereto. Thus, the defendant’s entry into the victim’s residence without the victim’s consent or for the purpose of rape constitutes intrusion upon residence.
The judgment of the court below which dismissed the prosecution of this case on the ground that the victim revoked his/her complaint while not guilty of the part concerning the crime of intrusion upon residence, contains an error of law by misunderstanding the facts of intrusion upon residence or by misunderstanding the legal principles, which affected
2. Determination:
A. On February 23, 2013, at around 01:30 on February 23, 2013, the Defendant, while drinking alcohol with the victim D (the age of 57), did not intend to rape the victim by reporting that the victim under the influence of alcohol would be able to enter the room of the victim inside the said room while drinking together with the victim, and by impairing the victim's body, and cutting off the victim's clothes after going into the victim's body. However, the Defendant did not commit an attempted rape with the victim's will and panty, such as the victim's face, even though the victim tried to commit rape, and the victim did not commit an attempted rape.
B. The lower court’s judgment based on the following circumstances determined that it was insufficient to recognize that the Defendant’s statement alone was contrary to the victim’s intent or infringed on the victim’s protection for an unlawful purpose, such as rape, etc.
1. The victim was investigated three times by an investigative agency, and the first time, the defendant was made by entering the victim's room without the consent of the victim, and when the investigation is conducted twice, the victim shall enjoy it in the room.