A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

On July 2013, the Defendant came to know of the contact information of the victim D (the victim 24 years of age) who drinks friend and drinking in the area near the Busan Young-gu C Park. On October 14, 2013, the Defendant came to contact with the above contact information and met the victim for the first time in the Fain in the vicinity of the Busan Seo-gu E Station.

The Defendant, while drinking alcohol with the victim and returning home home, was in mind to have sexual intercourse with the victim, and got home on October 14, 2013, 23:50 on October 23:50, 2013, led the victim’s arms to return home to the Hel located in Busan-gu Busan-gu G, and went back to the above 503 room.

After entering the above 503 room, the Defendant laid off the victim’s clothes, opened the victim’s clothes, revealed his intention of refusal of sexual relations, and laid down two arms of the victim who want to injure the defendant in both arms into his own left arms, and took the victim’s legs into force on one occasion by suppressing the victim’s legs.

Summary of Evidence

1. Defendant's legal statement;

1. The questioning part of D among the interrogation protocol of the defendant by the prosecution against the defendant

1. Statement made to D by the police;

1. Each investigation report (the sequence 2,8 of evidence lists);

1. Application of CCTV Acts and subordinate statutes;

1. Article 297 of the Criminal Act applicable to the crimes;

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 main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. It is deemed that the Defendant is highly likely to recommit a sexual crime in light of the following favorable circumstances deemed the grounds for sentencing, such as having no record of sexual crime, etc., and the circumstances leading up to the instant crime, relationship with the victim, etc., under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, and the proviso to Article 49(1) and the proviso to Article 50(1)