A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

Although C did not have any similar rape of the Defendant, the Defendant, at the home of the Defendant around 22:30 on August 26, 2017, 105-dong 508 around 22:30, 105-dong 408, 105-dong 508, was raped by inserting C’s sexual organ into the port of resistance.

“Around that time, E requested the police to report a similar rape. Around that time, E sent a phone to 112 so that C was suspected of engaging in similar rape, and C was directly posted to the police officer who was dispatched to the said house on August 19, 2017, “C was forced to put his sexual organ into force from the house of 105 Dong 508 (B) at the house of 105-dong 508 (Gapopopo-si, 201, and was engaged in similar rape.

“A false report” has been made.

In this respect, the defendant did not appeal C.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement protocol by the police for E;

1. Application of each request for appraisal-related Acts and subordinate statutes;

1. Article 156 of the Criminal Act applicable to the facts constituting an offense and Article 156 of the choice of punishment;

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to be mitigated by law;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on the observation of protection [the scope of recommending punishment] Article 62-2 of the Criminal Act / [the scope of recommending punishment] Article 62-1 of the mitigated area (one month to one year) / [the person who is specially mitigated] self-denunciation and confession [the sentence] of this case / The crime of this case infringes on the national legal interest, which is an appropriate exercise of the State's trial function, and threatens the legal stability of the person who is free from

However, in full view of all the sentencing factors indicated in the records, including the fact that the defendant is a disabled person with intellectual disability of second degree and has no record of criminal punishment, confession and reflects the crime of this case, the punishment as ordered shall be determined.