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

On October 12, 2019, at around 05:00 on October 12, 2019, the Defendant got into the house of the victim C (n, 24 years of age) located in Daejeon Seodong-gu B, and got out of the secret number known by the victim, and tried to keep the victim's chest and sound, and attempted to have sexual intercourse with the victim, but the victim did not refuse to do so, she took out tobacco again after smoking.

The defendant continued to be in the side of the victim, who has come up on the back of the victim's body, and she seems to have her body above the victim's body, and the victim her body by her hand, her hand with the defendant's shoulder, her arms and panty with another hand, her will and panty of the victim, so that the victim could not resist against the victim by putting his her bridge, and then raped the victim by sexual intercourse once.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to C of the police statement statement, investigation report (to hear and report the victim's telephone statement), investigation report (to confirm the victim's counterpart punishment, etc.), and text message at the request of appraisal;

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

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for 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. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Law No. 16622, Nov. 26, 2019); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order; Article 47(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse;