A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant live in No. 107 of the D Housing 107, and the victim E (M, 23 years of age) lives in the same studio 105.

1. On May 21, 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (including Residence Rape, Rape, etc.) opened a window with the intent to engage in sexual intercourse with the victim at around 05:0 and infringed upon the victim’s residence by entering the window in front of the bend room 105 room.

피고인은 침대에서 잠을 자고 있던 피해자의 등 뒤에 누워 한 손으로 피해자의 입을 막아 소리를 지르지 못하게 하고, 한 쪽 다리를 피해자의 다리 위에 올려 움직이지 못하게 한 뒤, “너 신고 할 거냐, 신고하면 죽이겠다. 한 번만 하고 갈 거니까 얌전히 있어라, 가만히 있으면 안 죽이고 가겠다.”라고 위협하여 피해자의 반항을 억압하였다.

Since then, the defendant put his hand in the part of the victim's clothes, knee and kneek, instructed the victim to get knee and knee and tried to engage in sexual intercourse with the victim by hand, but the defendant suspended the conduct of rape and attempted to do so due to the victim's patriotic source that she will live in.

2. The Defendant, at the time and place specified in paragraph 1, took a 20,000 won in cash on the wall of the victim who was on his/her responsibility after suppressing the victim’s resistance due to the foregoing circumstances, at the time and place.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. On-site reporting on results of identification, fingerprinting, personal identification, and sufficient trace photographs at the scene of crime;

1. On-site photographs;

1. Application of the existing Acts and subordinate statutes of seized color luxers sports (No. 1);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 15 and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, Articles 319 (1), 297 of the Criminal Act, Article 333 of the Criminal Act;

1. Article 26 of the Criminal Act for statutory mitigation;