The defendant's appeal is dismissed.

Summary of Grounds for Appeal

On December 28, 2013, the date of the instant crime, the Defendant: (a) entered the victim’s residence with a key reproduced under the consent of the victim; (b) obtained the consent of the victim; or (c) obtained the consent of the victim, even if there was no consent of the victim.

Even if there was no intention of housing intrusion.

In addition, the Defendant did not commit similar rape to the victim at the same time by using a spopic sphere pattern (Evidence No. 1 and hereinafter “sphere sphere club”), such as the facts charged.

The confession made by the defendant in the court below, etc. on the facts charged of this case, including the similar rape, is false according to the deceiving of the victim and his defense counsel's use.

Nevertheless, the court below found the defendant guilty of the facts charged in this case by misunderstanding the facts.

The sentence of imprisonment (five years of imprisonment) imposed by the court below on the defendant is too unreasonable.

Judgment

In regard to the assertion of misunderstanding the fact, since the crime of intrusion upon the defendant's residence is the protected legal interest and interest of the peace of the residence, even if a person who has access to the residence is permitted due to the relation with the resident, if the act of entering the residence is reduced even though it is against the resident's explicit or presumed intent, the crime of intrusion upon the residence

(See Supreme Court Decision 2007Do2595 Decided August 23, 2007, and Supreme Court Decision 201Do8349 Decided October 13, 201, etc.). In the instant case, according to the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the Defendant entered the victim’s residence against the victim’s explicit or presumed intent at the time of committing the instant crime, and sufficiently recognized that the Defendant had the intent to intrude upon the victim’s residence.

Even according to the defendant's assertion, the defendant is the key of the victim's residence under the consent of the victim.