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

1. From around 20:00 on April 13, 2016 to around 08:00 on April 14, 2016, the Defendant detained the victim by means of: (a) the Defendant and the victim E (one’s temporary name, two-year age) who was dead from the Defendant’s house located under the Cheongju-gu Office D Building 203, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul; (b) attempted to go back from the home to the Defendant; (c) attempted to go back from the home; (d) cutting down the victim’s arms; and (e) taking out the victim’s timber; and (e) making the victim escape from the house.

2. As stated in paragraph 1, the injured Defendant: (a) laid the victim’s arms while being detained in order to prevent the victim from leaving the house; and (b) physically divided the part of the victim’s face into the part of the victim and the part of the face, thereby causing injury to the victim, such as light dys, which requires approximately two weeks of treatment.

3. Around 01:00 on April 14, 2016, the Defendant raped the victim by assaulting or threatening the victim, such as the above paragraphs 1 and 2, thereby preventing the victim from resisting any more, and by sexual intercourse with the victim once.

4. On April 20, 2016, from around 09:50 to 20:00, the Defendant: (a) deducted the victim’s mobile phone that refused to communicate before the dormitory of the Seowon University located in Seowon-dong, Seowon-gu, Seowon-si; and (b) deleted the contact information and photographs stored in the cell phone and deleted them from the contact information and pictures.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution against E;

1. Each police protocol of statement of E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 276(1) of the Criminal Act, the choice of punishment (the point of confinement, the choice of imprisonment), Article 257(1) of the Criminal Act, Article 297 of the Criminal Act, Article 36 of the Criminal Act, Article 36 of the Criminal Act concerning the crime;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (Aggravation of concurrent crimes stipulated in the largest penalty for rape);

1. The sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is as follows.