Defendant shall be punished by imprisonment for a term of one year and six months.

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

Criminal facts

On June 14, 2005, the defendant was sentenced to 8 months of imprisonment with prison labor for special larceny, etc. and 1 year of suspended execution in the order of the Gwangju District Court. On June 22, 2005, the above judgment became final and conclusive.

At around 19:10 on May 23, 2004, the Defendant intruded into the house of the victim D (n, 67 years of age) located in C at Famh time, and had the victim covered his face, had the victim detained his resistance, and had the victim sexual intercourse once.

Summary of Evidence

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. The criminal place;

1. Request for identification of DNA samples of a detained suspect, response to requests for appraisal, copies of requests for appraisal, report on investigation (report on the results of re-verification of DNA), and written appraisal by DNA;

1. Investigation report (No. 10 No. Serials of Evidence list);

1. Before judgment: Judgment on the assertion of the defendant and his/her defense counsel, such as investigation report (report on the binding of written judgments) and criminal records

1. Although the gist of the argument has been past record of punishment for rape of the complainant in 2006, the defendant had not been raped in 2004.

2. The results of genetic testing through DNA analysis, which is a method of scientific evidence, have high reliability insofar as it is recognized that an appraiser with sufficient professional knowledge and experience has performed an appraisal by utilizing generally established standard testing techniques and the analysis of the results has been conducted through adequate procedures (see, e.g., Supreme Court Decision 2007Do588, Sept. 20, 2007). Based on such legal principles, the examination of the instant case is conducted by the National Investigative Research Institute, the appraisal request report prepared by the National Investigative Research Institute, the written appraisal report prepared by the Prosecutor of the Supreme Prosecutors' Office, and the written appraisal prepared by the DNA investigative officer of the Supreme Prosecutors' Office (the re-appraisal was conducted by the Defendant's DNA collected on June 26, 2013).