A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

At around 01:00 on July 10, 2018, the Defendant, at the residence of Dongdaemun-gu Seoul building B and the Defendant of Dongdaemun-gu, and at the time, the victim D (one’s name, one’s age, 28) who used to return to the Defendant, entered the toilet and closed the door into the toilet, sent his fingers, and was drinking toilets.

Therefore, the victim tried to put the victim out of the above residence, be laid down on the floor by putting the victim's bright and clothes, be laid off, and put the victim's body into the victim's sexual flag into the victim's sexual flag. The victim refused it, was pushed the victim's body, but the victim was frightd against the victim's resistance. However, when the victim's body met with the victim's body, the victim's booms the victim's resistance against the victim, and rape the victim by committing sexual intercourse.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police (third time);

1. Application of Acts and subordinate statutes to a report on investigation (victim's telephone statement), recording cd and recording recording;

1. Article 297 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act;

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

1. An order to disclose or notify, or an order to disclose or notify an employment restriction order: Exemption from an employment restriction order under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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: It is difficult to readily conclude that a defendant has a risk of repeating a sexual crime, such as having no record of punishment as a sex crime, by the defendant under the proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15352, Jan. 16, 2018);