A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

1. 상해 피고인은 2015. 3. 24. 07:00경 안동시 C상가 4층 401호에 있는 피고인 주거지에서, 거실 형광등 3개의 전등을 켠 것에 대해 전기세가 많이 나온다는 이유로 사실혼 관계에 있는 피해자 D(여, 49세)와 서로 실랑이를 벌이던 중 피해자의 머리채를 잡아 작은방으로 끌고 가 피해자를 넘어뜨린 후 그녀의 몸에 올라타 두 손으로 피해자의 목을 조이고 머리채를 잡아 머리를 방바닥에 수차례 내리친 후 피해자를 일으켜 세워 왼쪽 무릎으로 피해자의 옆구리를 수차례 찍어 피해자에게 약 10일간의 치료가 필요한 어깨 및 견부 타박상 등의 상해를 가하였다.

2. Rape;

A. At around 05:30 on March 31, 2015, the Defendant told the victim, a mobile phone game, to be “a defect in sexual relations”, but was refused from the victim, she rapeed the victim, and scambling the victim’s chest with his/her hand while taking the bath, and took several times the part of the victim’s ship, face, and head with his/her hand, and took several times the victim’s left booms with his/her arms, and put his/her sexual organ into the part of the victim’s panty, so that the victim was off his/her own panty, after having the victim resisted his/her panty.

In this process, the defendant raped the victim and inflicted bodily injury on the victim in need of approximately two weeks of treatment.

B. On April 1, 2015, the Defendant: (a) around 12:00 on April 1, 2015, the Defendant saw the victim’s chest and fry with his fingers from the inside of the above residence; and (b) found the victim to have a sexual intercourse; (c) however, the victim’s body was cut off due to the same assault as the above criminal facts and refused a sexual relationship; and (d) decided to rape the victim, and (e) decided that the victim would have been raped by one hand.