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

On March 7, 2013, the Defendant was sentenced to imprisonment with prison labor for ten months with prison labor for violating the Punishment of Violence, etc. Act (a collective, deadly weapons, etc.) at the Jeonju District Court on March 7, 201, and the said judgment became final and conclusive on March 15, 2013.

At around 04:00 on May 26, 2006, the Defendant, at the vicinity of the victim D (Woo, 25 years of age) located in Sinpo City C, had the victim enter the mixed house, and had the victim feel to rape.

The Defendant, while smoking tobacco outside the victim’s house, opened the house gate and entrance of the victim who was not locked at around 05:30 on the same day, and got off the victim’s panty, who was locked by intrusioning on the victim’s room, and had sexual intercourse once with the victim.

Accordingly, the defendant invadedd the victim's residence, and has sexual intercourse with the victim by using the victim's state of impossibility to resist.

Summary of Evidence

1. Part of the statement of the defendant in the first trial record;

1. Statement of D police statement;

1. A written appraisal;

1. Notification of the same status as the result of comparison with DDA-DB;

1. Confirmation of suspect's Dong-dong damage places and their neighboring commercial buildings;

1. The actual condition survey report;

1. Records before judgment: Application of inquiry reports on criminal records, etc. and investigation reports (report attached to a judgment) Acts and subordinate statutes;

1. Relevant Article 4 of the Addenda to the Act on Special Cases concerning the Punishment of Sexual Crimes and the Punishment, etc. of Sexual Crimes (amended by Act No. 10261, Apr. 15, 2010); Article 5 (1) of the former Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof ( repealed by Article 2 of Addenda to the Sexual Violence Prevention and Victims Protection Act, Act No. 10261, Apr. 15, 2010); Article 319 (1) and Article 299 of the Criminal Act [Selection of imprisonment with prison labor for a limited term: Provided, That the upper limit of such punishment shall be 15 years prescribed by the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr.

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

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: