A defendant shall be punished by imprisonment for five years.

The information on the accused shall be disclosed and notified for seven years.

Punishment of the crime

[criminal power] On May 6, 199, the defendant was sentenced to 10 months of imprisonment with prison labor due to night residence intrusion theft, etc. at the Dong branch of the Seoul District Court on December 19, 199, and the execution of the sentence was terminated on December 19, 199. On December 1, 2006, the Seoul East District Court sentenced 2 years of suspension of execution to 1 year of imprisonment with prison labor due to a violation of the Tourism Promotion Act at the Seoul East District Court on December 9, 2006.

【Criminal Facts】

At around 01:40 on September 11, 2002, the Defendant opened a door at the place of residence of the victim D (the 23-year old age), which was located in Goyang-gu, Goyang-gu, Goyang-si C, in order to visit and threaten the victim's face, and prevent the victim from resisting by leaving the knick, which is a deadly weapon, on the floor of the room, and let the victim resist the face of the victim, and let the victim resist the money, but the Defendant was aware of the fact that there was no money, the Defendant forced her body without any money, and forced her body off the clothes of the victim, and sexual intercourse and rape once.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Requests for appraisal;

1. An investigation report (informating a suspect's results of search of DNA identification information database);

1. Notification of the results of appraisal (DA-2012-0329);

1. Previous convictions: Criminal history records, investigation reports (verification of the date of release and attachment of judgment) and application of Acts and subordinate statutes;

1. Article 5(2) of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (amended by Act No. 10258, Apr. 15, 2010; before the enactment of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes by Act No. 10258, the enactment of the Act on the Protection, etc. of Victims thereof); Articles 342, 334, and 297 of the Criminal Act / [Selection of imprisonment with prison labor: Provided, That the upper limit of the punishment shall be the same; hereinafter the same shall apply);

(3) 15 years of imprisonment set forth in the main sentence of Article 42)

1. Aggravation of repeated crimes: Article 35 of the Criminal Act; proviso to Article 42 of the former Criminal Act (in cases of criminal records, such as night residence, intrusion, larceny, etc.);

1. Handling concurrent crimes and.