A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

There was a difference between the defendant and the victim B (n, 25 years old) and the victim B.

On December 22, 2018, at around 00:00, the Defendant opened a door to a kin kiki and intruded into the body of the victim who was in possession of the victim in Dongjak-gu Seoul Metropolitan Government, and went back to the body of the victim who was in possession of the victim, and the victim resisted from the lock, thereby preventing the victim from entering the body of the defective victim, and putting the victim's body back to his own body and forced the victim's body into his/her hands, and putting the victim's body into sexual intercourse once by inserting his/her own sexual organ into the sound part.

Accordingly, the defendant invadedd the victim's residence and raped the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes to text messages and copies thereof;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 297 of the Criminal Act concerning facts constituting an offense, and Articles 319 (1) and 297 of the

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. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); 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 notify information, 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 [the accused has no record of criminal punishment for sexual crimes prior to the instant case, and is sentenced to imprisonment with labor (the suspension of execution of sentence, registration of personal information, order to attend lecture for the treatment of sexual