Defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

On August 13, 2017, the Defendant, while engaging in the wing business, was able to rape the victims known to the Defendant, and around 00:40 on August 13, 2017, at the lodging house of the victim D (inn, 60 years of age) located in the bewing factory located in Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu, by the entrance without a locking door, and then intrudes the victim's body with his head, and pressures the victim's neck by dividing the victim's neck with her head, and led the victim's her chest and her bane, and the victim's her bat with his son and her resistance, and her attempted to resist and her resistance the victim during the port.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to report on investigation (investigation into places where a crime has occurred, and attaching photographs of victims);

1. Relevant statutes and Articles 15 and 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc., Articles 319(1) and 297 of the Criminal Act, and choice of imprisonment with prison labor for a limited term, against the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Determination on the assertion by the Defendant and his/her defense counsel under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. The Defendant’s summary of the assertion is a blood pressure from the injured party.

The phrase “one turbling” refers to an attempted suspension of the crime of this case, as he listens to horses and suspends the crime of this case.

2. Determination 1) In a case where an act of commission of a crime is commenced and the act of commission of a crime is suspended at one’s own free will before the crime is completed, if the suspension is not caused by circumstances that obstruct the completion of a crime in light of the general social norms, it constitutes an attempted suspension (Supreme Court Decision 97Do957 delivered on June 13, 1997). However, in a case where an attempted crime is committed due to circumstances that interfere with the completion of a crime in light of the general social norms, it cannot be deemed as an attempted suspension by a person (Supreme Court Decision 97Do957 delivered on June 13, 197, and Supreme Court Decision 97Do957 delivered on June 13, 197).