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 a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

At around 03:30 on December 26, 2017, at the E main point of the operation of the Victim D (Y, 42 years of age) in Yangsan-si, the Defendant was under drinking together with the victim, and the Defendant was pushed the victim’s arms and legs by cutting the victim’s arms while drinking together with the victim, and even though the victim resisted at the port, the Defendant was able to bring the victim on the knee of the victim by cutting the victim’s arms and legs by hand, and knebbbbbbbbbbs, followed the victim by inserting the victim’s will and panty, and inserting the Defendant’s sexual organ into the part of the victim’s sound.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 16, 2018), Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In full view of the following circumstances: (a) 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; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (including that the Defendant has no record of being punished for a sex offense; (c) the Defendant’s age, family environment, family relationship, social relationship, relationship with the victim; (d) the course and consequence of the instant crime; (e) the degree and anticipated side effects of the Defendant’s disadvantage due to disclosure and notification orders and restriction on employment; (e) the prevention of sexual crimes that may be achieved therefrom; and (e) the effect of protecting the victims.