A defendant shall be punished by imprisonment for seven years.

The request for the attachment order of this case is dismissed.

Criminal facts

The facts leading to the attachment order [criminal record] The defendant was sentenced to six months of imprisonment by fraud, etc. at the Changwon District Court on July 26, 2005 and completed the execution of the sentence in the Busan Prison on December 17, 2005, and on October 26, 2006, he was sentenced to one year of imprisonment by the Changwon District Court on November 3, 2006 due to night residence intrusion and larceny, etc., and the judgment became final and conclusive on November 3, 2006. On November 15, 201, the judgment was sentenced to two years of imprisonment with prison labor at the Changwon District Court Msan Branch for larceny, which became final and conclusive on January 14, 2012, and is currently serving in the Changwon Prison Prison.

【Criminal Facts】

At around 23:08 on December 25, 2005, the Defendant intruded the victim D (Woo, 11) who was in the window C of Changwon-si, through the entrance that was not corrected, and covered the victim who was reported by the mixed television, and stored the victim's hand in the victim's clothes, stored the victim's chest in the victim's clothes, cut off the victim's clothes, and frightd the victim's chest with the victim's entrance.

Therefore, when the victim saw the defendant as a hacker, the wheeler of the victim's hacker, etc., the defendant saw the victim's hacker, made it impossible to resist the victim's resistance by taking the victim's hacker, and sexual intercourse was committed on the part of the victim, and was in the vicinity of the electric hacker, which was located on the inside.

Accordingly, the Defendant, who invaded another’s residence, committed rape against the victim.

Summary of Evidence

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on the current status of identical NA results;

1. Article 4 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10258, Apr. 15, 2010); Article 5(1) of the former Act on the Punishment, etc. of Sexual Crimes and Protection of Victims Thereof (amended by Act No. 10258, Apr. 15, 2010), Articles 319(1) and 297 of the Criminal Act.