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

Around 4:50 on July 5, 2009, the Defendant: (a) 201; (b) hit up the urban gas pipeline connected to the Daejeon Seo-gu Dalla, Daejeon; (c) 201; and (d) breaking up to the house of the victim D (the age of 23; (d) breaking up the victim’s hand; (c) breaking up the victim’s face; (d) breaking up the victim’s face into the bed; and (d) lest the victim be forced to go off by hand; and (d) intending to go out of the victim’s seat with the victim’s hand, she opened the front door; and (e) she returned to the victim and her victim’s panty; and (e) she took off the victim’s part against the victim’s will; and (e) she took part in indecent act by force by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Ascertainment of the result of fingerprint appraisal at crime scene, and fingerprint identification;

1. Application of Acts and subordinate statutes to photographs such as damage scene;

1. Relevant Article 5(1) of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (Amended by Act No. 932, Jan. 18, 2010); Articles 319(1) and 298 of the Criminal Act: Provided, That the upper limit of punishment shall be 15 years of imprisonment provided for in the main sentence of Article 42 of the former Criminal Act (Amended by Act No. 10259, Apr. 15, 2010) pursuant to Article 1(1) of the Criminal Act;

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 (Discretionary Reasons for Discretionary Mitigation);

1. Article 16(2) of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (amended by Act No. 10258, Apr. 15, 2010; before the enactment of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the amendment to the Act on the Protection, etc. of Victims of Sexual Crimes) shall be decided by the accused who has registered personal information.