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

The defendant has been aware of the victim C (the family name, the female, the age of 72) and about six years before living together.

피고인은 2017. 12. 12. 09:30 경 강릉시 길에 있는 피해자의 주거지 내 방에서 시내에 나가려는 피해자에게 “ 이리 와 봐 ”라고 하면서 피해자를 안아 침대에 앉힌 다음, 피해자가 “ 그냥 좀 놔둬 라 ”라고 말하자 “ 잠깐만 잠깐만” 이라고 말하며 강제로 피해자의 옷을 벗겨 침대에 눕히고, 피해자가 몸부림을 치며 저항하자 “ 너 죽을래

As a result, “the victim has prevented from resisting against the victim” and had sexual intercourse with the victim once after the victim has prevented from resisting.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C ("Amphaly refusal to do so")

Defendant continued to resist and refuse to engage in a sexual intercourse, but the Defendant was “ dead.”

“Intimidation” and continued a sexual relationship, and the head of a bridge and head have been written by continuing his body flick, with paind and paind.

C. Although there is no other place, urine patients;

The body is without power, and the shoulder and the arms are spaced and spaced.

The defendant said that he was "influenced and was a dead person," and the defendant made a clerical error in his neighbor's house while she was unsatising.

It is difficult to say that the defendant's punishment is applied to the case.

In light of the victim’s statement, the assault and intimidation that the Defendant exercised was to make it impossible or considerably difficult to resist the victim.

It is reasonable to view that it is reasonable to view)

1. Application of the statutes of the response request for appraisal;

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders.