A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who engages in the distribution business of leaflets and the Victim C (V, 51) is a person who is engaged in the business of directly distributing leaflets to many and unspecified persons by receiving daily allowances from the Defendant.

On May 16, 2017, at around 01:40, the Defendant: (a) was placed in the Ecom 207 in Eunpyeong-gu Seoul Metropolitan Government Ecom 207, on the part of the Defendant, on the part of the Defendant: (b) was placed in the said room; (c) was placed in the bend by putting the victim’s shoulder with his hand; (d) was placed in the bend unit by putting the victim’s shoulder with his hand; (c) was forced by the victim, and (d) prevented the victim from bucking against the victim’s buckbucks by her hand; and (d) was sexual intercourse once with the victim.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Statement made by the prosecution against C;

1. Statement made by the police with regard to F;

1. A criminal investigation report (CCTV verification);

1. 112 A list of reported cases;

1. Each response to a request for appraisal;

1. Eel CCTV screen CDs, 112 reported sound recording CDs;

1. Application of the Acts and subordinate statutes on the contents of G dialogue, details of victim mobile phone calls, and the storage of victim mobile phone text messages and telephone numbers;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Order and 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 (the crime in this case is not identical to the defendant, and the crime in this case is not committed against unspecified victims, the sentence of imprisonment to the defendant, personal information registration, and an order to attend a sexual assault treatment program is expected to have the effect of preventing recidivism, and the defendant's age, environment, social relationship, risk of recidivism, type of the crime in this case, motive, process of the crime in this case, characteristics of the crime, and disclosure order or notification order.