Defendant shall be punished by imprisonment for a term of one year and six months.

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

Criminal facts

피고인은 2017. 8. 9. 03:20 경 인천 부평구 D에 있는 'E' 주점 테이블에 앉아 있던 피해자 F( 여, 20세 )에게 다가가 ' 바람을 쐬러 밖으로 나가자' 고 말하며 피해자를 데리고 주점 지하 1 층 출입문 밖으로 나온 후 피해자를 끌고 계단을 통해 지하 2 층으로 내려갔다.

While the Defendant was lying the victim on the floor by putting the victim on the floor, the Defendant forced the victim to leave the inner panty and panty of the victim, divided the victim's shoulder into plastic beer boxes, and laid down the fingers into the sound part of the victim.

On the other hand, the defendant continued to be exempted from his panty and panty, and the head of the victim who was sealed and refused to leave the defendant, and forced the defendant to put the defendant's sexual organ into the victim's entrance.

In this respect, the Defendant raped the victimized person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the F;

1. The suspect's clothes and photographs;

1. Medical records;

1. Each response to a request for appraisal;

1. Application of Acts and subordinate statutes to a criminal report (referring to a report on investigation by a State and a DNA as a result of appraisal);

1. Relevant Article 297-2 of the Criminal Act concerning criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Article 62-2 of the Criminal Act; the main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose and a 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 defendant has no record of being punished for the same crime, and the crime in this case alone has a criminal tendency against an unspecified number of victims;

It is difficult to readily conclude.

In addition, the effect of preventing recidivism is limited to the registration of personal information of the defendant and participation in the treatment of sexual assault.