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 victim B (n, 29 years of age) and a introduction-rating with the first space.

On May 1, 2018, at around 03:20, the Defendant entered the house of the victim of the building located in Gwanak-gu in Seoul Special Metropolitan City, the Defendant told the victim who refused to enter the house to use the toilet only, and continued to have sexual intercourse with the victim by putting the victim, who is trying to be under the influence of the victim's own entrance, and refusing to enter the house together with the victim, on the bed part of the victim's body, lying the victim's shoulder, etc., on the part of the victim's body, putting the victim's shoulder, etc., on the part of the victim's body.

Accordingly, the defendant raped the victim by assault.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. CCTV video CDs;

1. Requests for appraisal, response to requests for appraisal, and the application of Acts and subordinate statutes;

1. Article 297 of the Criminal Act applicable to the crimes;

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. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose, notify, and restrict employment; 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; Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); Article 56(1) proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); it is difficult to readily conclude that the Defendant had no record of criminal punishment prior to the instant crime; and the Defendant’s personal information and order to attend