A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

The defendant, while serving as a staff member of a man-made company, used the victim's home to know the location of the victim's home while working for a man-made company, and used the victim's home to find sexual assault at the victim's home.

On March 4, 2014, at around 02:10, the Defendant opened a door and intruded into the house of the victim in Seongbuk-gu, Sungwon-si, Sungwon-si, by an influence method.

이에 피해자가 인기척에 놀라 잠에서 깨어난 후 피고인에게 “인생 끝내려고 그러느냐.”며 범행을 중단할 것을 설득하였으나, 피고인은 아랑곳 하지 않고 피해자에게 반항하면 가만 두지 않을 듯이 행동하며 “나는 죽을 각오로 이 집에 들어왔다.”라고 윽박질러 피해자의 반항을 억압한 다음 피해자의 옷을 벗기고 1회 간음하여 피해자를 강간하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. On-site photographs, diagnostic reports, gene requests for appraisal and response requests for appraisal;

1. Application of Acts and subordinate statutes on investigation reporting;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2), the main sentence of Article 16 (3), and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the defendant's age, occupation, family environment, social ties, criminal records, and the risk of recidivism (the defendant has no record of punishment for the same kind of crime, and the victim's intent not to punish him/her, or the disclosure order