A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

On December 2, 2017, the Defendant did not have a friend relationship with the victim C (Woo, 20 years of age) but did not have a friend relationship once a week. However, on January 21, 2018, the Defendant heard a frier’s friend, “Woon frier” from the victim, who had a friended friend, and friended friend, at around 23:30 on the same day, she was locked at the victim’s house located in Gyeyang-gu, Gyeyang-gu, Seoyang-gu, 101.

At around 09:20 on January 22, 2018, the Defendant stated that he was placed on the floor of the victim by sparing the victim, who was under the preparation for work, from the victim’s house, and sparing him, “at the time when she was inside the victim’s house,” and that he did not resist the victim’s clothes at the time of three times, and spared off the victim’s clothes, and sexual intercourse by inserting the Defendant’s sexual organ into the victim’s negative part. After about 10 minutes, the Defendant took off the victim’s clothes and inserted the victim’s sexual organ into the victim’s negative part on the part of the victim’s back, and spared the victim’s body one time, with the victim’s hand, and did not go against the victim’s sexual part by inserting him at one time, such as sparing the victim’s finger.”

Accordingly, the Defendant raped the victim.

Although the prosecutor prosecuted the instant criminal facts as a substantive concurrent crime of two rapes through the two-time sexual acts, if it is impossible or considerably difficult to resist due to the same assault and intimidation, and if it can be viewed as a single continuous act in view of the criminal intent, the time and place of the crime and the place of the crime, it is not a substantive concurrent crime, but a simple one crime is established (see Supreme Court Decision 2002Do2581, Sept. 4, 2002). The victim of the instant case "the victim of the instant case" is prohibited from leaving the side of the instant crime as his hand even after the completion of the sexual act, and it is left side of the instant crime by standing on the upper side of the instant crime.