강간
A defendant shall be punished by imprisonment for two years.
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
At around 15:00 on May 4, 2020, the Defendant sought to give money to the victim D (one person, half, and thirty years of age) who met through a hosting app, but the victim refused to return the money, thereby putting the victim’s shoulder down into the bed and pushed off the victim’s panty, putting the victim’s panty, and putting the victim’s panty, refusing to refuse to interfere with the Defendant, and putting the victim’s face, refusing to interfere with the Defendant on his hand, with the victim’s hand, and having the victim’s face refusing to refuse to interfere with the Defendant’s hand, the Defendant’s finger divided the victim’s back while entering the victim’s drafting, inducing the victim’s resistance, and rape the victim by engaging in sexual intercourse.
Summary of Evidence
1. The application of each police protocol of each police police officer's statement concerning D's legal statement, each police officer's report, each internal investigation report, gene assessment report, each investigation report, diagnosis certificate, certificate of medical records, confirmation of the fact of counseling, confirmation of the fact of counseling, response data of the fact of counseling, monetary records, victim and field photo of the CCTV image, and the application of Acts and subordinate statutes
1. Article 297 of the Criminal Act applicable to the crimes;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):
1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. An order to disclose and notify information, Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Employment Restriction Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 1738, Nov. 26, 2019); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 1738, Jun. 2, 2020); Article 59-3 of the Welfare of Disabled Persons Act.