A defendant shall be punished by imprisonment for not less than two years and six months.

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

The Defendant had a relationship between the victim B (the family name, the female, the age of 41) and the victim B from August 2018 to December 201.

At around 02:00 on January 2, 2019, the Defendant returned home from the “△△△△△△△△△△△△△△△△△ operated by the victim in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, and went home to keep the victim away from the victim, and was able to rape the victim.

피고인은 귀가를 하기 위해 외투를 입는 피해자의 뺨을 손으로 때리고, 피해자의 뒤에서 엉덩이를 발로 차고 피해자의 뒷목을 강하게 잡아 당겨 피해자가 중심을 잃고 뒤통수가 바닥에 ‘쿵’하고 닿도록 넘어뜨린 후 넘어진 피해자의 겨드랑이를 잡고 피해자를 일으켜 위 주점의 룸으로 끌고 간 다음 피해자를 소파에 밀치고 피해자의 외투를 벗겨 피해자를 강간하려고 하였으나, 피해자가 완강하게 저항하여 그 뜻을 이루지 못하고 미수에 그쳤다.

As a result, the defendant tried to rape the victim and tried to commit rape, and the victim was about three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the prosecution against B;

1. Each injury diagnosis letter;

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

1. Relevant Article of the Criminal Act and Articles 301, 300, and 297 of the Criminal Act concerning criminal facts and the choice of limited imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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;

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 a notification order, 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 shall be a sexual crime;