A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On February 2, 2014, the defendant got to be a customer in a restaurant where the victim C (V, 55) works, and was aware of it with the victim.

On July 31, 2015, at around 12:50, the Defendant sought to engage in a sexual intercourse with the victim in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and 208, which led to the failure of the victim's her own flab by his own flabing donation. The Defendant saw the victim's flab by making the victim go through her own flab, and said the victim's body "I would die." Even though she pushed the victim's body, she divided the victim's body by force, her flab by saving the victim's body, and her flab by continuously inserting his flabing the victim's sexual organ into the victim's body.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Each request for appraisal;

1. Application of statutes on field photographs;

1. Article 297-2 of the Criminal Act applicable to the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse requires careful attention in that disclosure and notification orders may have a significant impact on the Defendant. The following circumstances acknowledged in the record: (a) there is no criminal conviction exceeding the suspension of execution and there is no same criminal record; (b) it is difficult to readily conclude that the Defendant is highly likely to prevent the unspecified majority of the Defendant in light of the relationship between the Defendant and the victim. The victim does not want the Defendant’s punishment by mutual consent.