A person shall be punished by imprisonment with prison labor for not less than five years, and imprisonment with prison labor for not more than one year and six months for a crime of No. 2 of the judgment.

Criminal facts

On May 20, 2004, the Defendant was sentenced to imprisonment for one year and six months at the Suwon District Court on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and the judgment became final and conclusive on September 8, 2004.

1. At around 04:10 on September 12, 2003, the Defendant: (a) opened a toilet window in front of the victim D (the victim D (the victim D, 26 years of age) in Ansan-si B and C; (b) opened the toilet in front of the victim D (the victim D (the victim D) who was diving in the bed during the bed; (c) obstructed the victim by taking advantage of the bed for kitchen use, which is a dangerous thing for the shoulder victim; and (d) obstructed the victim’s face by taking advantage of the bed, the victim’s face at one time; and (e) 73,000 won in cash and credit cards, etc. consisting of the victim’s resistance; and (e) continued rape once by taking advantage of the victim’s inability to resist.

2. At around August 27, 2018, the Defendant attempted to rape, around 22:30 on August 27, 2018, the Defendant: (a) she saw the victim’s desire while drinking alcohol together with the victim’s G (the age of 36) in his/her own residence; (b) she forced the victim to put the victim into the bed; (c) she placed the victim at the bed; (d) placed the victim with the defect that the Defendant intends to go out of the damaged area; and (e) prevented the victim from getting out of the bed by hand; and (e) tried to walk the part of the victim’s arms by dividing the part of the victim’s arms with his/her hand; however, the Defendant attempted to commit rape.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement of G or D;

1. Investigation report (receiving a reply to a request for appraisal), and reply to a request for appraisal;

1. Internal map and photographs related to the case;

1. Previous records: Application of Acts and subordinate statutes to criminal records, inquiry reports and investigation reports (prior records and investigation reports in the latter part of Article 37 of the Criminal Act);

1. Article 339 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) (amended by Act No. 11574, Apr. 15, 2010) (Article 339 of the same Act) applicable to criminal facts and Article 339 of the former Criminal Act (amended by Act No. 1021, Apr.