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

The defendant and the victim B (the age of 51, the female) were living together from July 2018.

Around 03:00 on September 27, 2019, the Defendant and the victim met, at the house living together by the Defendant and the victim: (a) caused the victim, who was diving at the inside of the Defendant and was living together, on the ground that the victim returned home late at night; (b) caused the victim, who was diving from the living room soften; (c) prevented the victim from leaving the victim by gathering two descendants of the victim by hand; and (d) prevented the victim from leaving the body of the victim; (c) other hand, the victim was cut down and panty that the victim suffered; and (d) the victim was able to attract and take the victim’s hand, but the victim resisted against the victim; and (d) the victim was forced to move the victim to the above part of the victim; and (e) the victim’s body was inside the body of the victim; and (e) the victim’s sexual intercourse was forced by force of the victim so that the victim may not put the victim into sexual intercourse with the victim’s hand.

Accordingly, the defendant raped the victim by assault.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Article 297 of the Criminal Act applicable to the crimes;

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 (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation Orders or Orders to attend a lecture

1. An order for disclosure or notification is issued under Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order for disclosure or notification, the proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50 (1) of the proviso to Article 50 (