A defendant shall be punished by imprisonment for not less than two years and six months.

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

Punishment of the crime

To the extent that it does not infringe on the defendant's defense right, part of the facts charged was revised.

The defendant is in a de facto marital relationship by living together with B (a person, a woman, 17 years of age) for one year and six months, and is in a separate relationship for three days prior to the occurrence of the following crime.

At around 03:30 on April 27, 2018, the Defendant forced the victim to be placed on the bed, knife, knife, knife, knife, knife, knife, and forced the victim to resist against the panty, and inserted the Defendant’s sexual organ into the victim’s sexual flag in the victim’s sexual flag.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. Application of Acts and subordinate statutes to the records of seizure, the list of seizure, and the report on investigation;

1. Article 7 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant criminal facts and the punishment;

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 proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Exemption from disclosure orders and notification orders, the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018), the proviso to Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); the proviso to Article 59-3 (1) of the Welfare of Disabled Persons Act

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to fifteen years;

2. Rape based on the sentencing guidelines (the determination of types of sex offenses) by blood relatives and other rapes according to the general standards of rapes (the persons aged 13 or older).