A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

On August 15, 2019, the Defendant, from the new wall B around August 15, 2019, sent the victim C (n, 23 years of age) first to the home of the victim.

From around 04:30 to 05:00 on the same day, the Defendant: (a) from the second floor of the Dora in which the victim resides in Seo-gu Daejeon-gu, Seo-gu, Daejeon, the Defendant: (b) was unable to take a lower part of the victim’s hand by his own hand; (c) prevented the victim from leaving his office; (d) forced the victim’s resistance; and (e) attempted to engage in sexual intercourse with the victim’s panty; (d) erroneously divided the victim’s first class of the panty; (e) it was impossible for the resident to have the intent to open and open the door; (e) forced the victim’s hand; (e) moved out of the above Dora; and (e) moved back to a Dora parking lot located adjacent to the victim and the victim’s house.

The Defendant continued to have the lower part of the victim's panty, exceeded the panty, lying the victim on the floor, divided the victim's body into a body, suppress the victim's resistance, and inserted the Defendant's sexual flag into the sound part of the victim.

Accordingly, the defendant raped the victim by assault.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C, E, and F;

1. Reports on internal investigation (related to CCTVs around the scene of crime), investigation reports (related to CCTV images of convenience points), investigation reports (related to the confirmation of details of currency), and investigation reports (related to the hearing reports of victims);

1. A gene appraisal report and a written request for appraisal;

1. Receipts:

1. Application of the Acts and subordinate statutes governing the CDs of G CCTV images, each CCTV photograph, CCTV images of H convenience points, and photographs at the scene of crimes;

1. Article 297 of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Article 47 (1) or 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, and children or juveniles;