A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

The defendant and the victim B (V, 49 years old) were married with the law couple, and the defendant was divided into the fact of the victim's external fact, and had been able to raise the victim.

At around 00:00 on July 24, 2019, the Defendant had discussed the issue of divorce with the victim in the building C in Chungcheongnam-si, the residence of the Defendant.

The phrase “a” refers to “a sexual intercourse was demanded, but the victim was refused to do so from the victim, and the victim was able to fluorly take the two arms of the victim, take the victim’s inside, take the victim’s shouldered on the inside bed, divided the victim’s shoulder by hand, and prevented the victim from resisting, and raped by inserting his sexual organ into the part of the victim’s fluor and panty.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecutor with respect to B;

1. Statement made by the police against B;

1. Application of the Act and subordinate statutes to a record of recording of the petition for accusation (Evidence List No. 11);

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

1. Articles 53 and 55(1)3 of the Criminal Act for Reduction of Quantity [see, e.g., the fact that the injured person does not want the punishment of the accused, that the accused recognizes all of his/her crimes, and reflects the fact that the accused has no history of punishment exceeding the fine, that there is no history of punishment for the accused, the relationship between the accused and the injured person, and that the accused appears to have caused a somewhat contingent and contingent crime of this case];

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 Orders and Notification Orders; Article 49(1) proviso and the proviso to Article 50(1) of the former Act on the Protection of Juveniles from Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019) [the foregoing circumstances and the Defendant’s judgment are not non-discriminatory for unspecified third parties or persons who are not influent.