A defendant shall be punished by imprisonment for three years.

The seized LG mobilephone (G5) shall be confiscated (Evidence No. 1).

(b) the defendant;

Punishment of the crime

The Defendant was a company member, and was pregnant with the Defendant’s child (here, 23 years of age) and a de facto marriage relationship by failing to report the marriage on November 17, 2018, although the Defendant was married with the Defendant on November 17, 2018.

1. Where a court of special intimidation recognizes a minor criminal facts included in the criminal facts prosecuted within the scope consistent with the facts charged, and it is deemed that there is no possibility of causing substantial disadvantage to the defendant's exercise of his/her defense right in light of the progress of trial, it may, ex officio, recognize other criminal facts than those stated in the indictment even if the indictment has not been modified;

(See Supreme Court Decision 96Do755 delivered on May 10, 1996, etc.). As seen below, it is difficult to view that there was an intentional rape at the time of intimidation by the Defendant using a knife and the victim as seen in the “not guilty part”, and thus, it constitutes a case where there is no proof of a crime.

However, this part of the facts charged include special intimidation and rape, and the defendant cited a knife and made intimidation.

Since the investigation agency has continued to dispute whether rape was committed or raped from the investigation agency to this court, there is no concern about special intimidation and the substantial disadvantage in exercising the defendant's right of defense even if the crime of rape was acknowledged. Thus, the special intimidation and the crime of rape are recognized as stated in the judgment ex officio without the amendment of the indictment.

At around 05:00 on November 30, 2018, the Defendant: (a) was aware of the victim who was taking place inside the house of the Defendant No. D of the building No. C in Jeju-si; (b) but refused to do a dispute with the victim, and (c) the victim was living in the ward after having paid the fry, and went back to the ward, and was frightened by the victim’s head.

In addition, the defendant faces the victim with knee.