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

The defendant is a person who has a resistant relationship with the victim C (nive, 47 years of age).

On July 15, 2013, around 05:30 on July 15, 2013, the Defendant “hynk for the Defendant” to the victim’s dwelling in Jung-gu Seoul Metropolitan Government Dung-gu.

‘Before taking the bath, taking the head of the drinking house one time, taking the kitchen knife (38 cm in total length, 24 cm in daily length) which is a dangerous thing in the kitchen, and threatening the victim's sexual organ into the victim's body, making the victim's clothes fast down, and having the victim's body teared.

Accordingly, the defendant committed indecent acts by force against the victim by carrying dangerous objects.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Statement made by the prosecution on the victim;

1. Statement of the police statement of the victim;

1. A written statement of the victim;

1. The application of the Acts and subordinate statutes for reporting investigations, such as photographs of victims;

1. Article 4 (2) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 298 of the Criminal Act;

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 extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2), Article 16 (4) and (9) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 30 subparagraph 2 of the Act on Probation, etc., and Article 59 (1) of the same Act;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes, and Article 50(1)2 of the Act on the Protection of Children

1. The defendant and his defense counsel are knife while the defendant had a verbal dispute with the victim at the time of the instant case.