A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

1. On October 20, 2017, the Defendant: (a) around 04:30, at the “E” point operated by Pyeongtaek-si B and C (the age of 46), followed the body of the victim in the main place; (b) led the victim to a spande in the main place; and (c) attempted to commit rape by forced panty of the victim by hand; (d) however, the Defendant did not commit an attempted rape by having the victim spande and escape by wind.

2. At around 10:20 on Nov. 4, 2017, the Defendant raped the victim’s arms at the places indicated in the preceding paragraph, putting the victim’s arms into a knife, leading the knife inside the knife, and knife the victim’s knife, knife the victim’s knife and panty, knife the Defendant’s sexual organ into the victim’s sexual organ.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement by the prosecution concerning D;

1. Each police statement concerning D;

1. Details of cards and settlement;

1. Photographs of the contents of the F dialogue (not more than one ranked four pages);

1. On-site photographs;

1. Judgment on the assertion of innocence by the defendant and his/her defense counsel

1. With respect to the crime of rape committed on October 20, 2017, the summary of the Defendant’s assertion of innocence, the Defendant did not have committed rape, and, with respect to the crime of rape committed on November 4, 2017, the Defendant was not only interested in the victim’s main points to find out the crime of rape, and there was no fact that the victim had been raped.

2. Determination

A. The issue of this case is that each of the crimes in this case was committed only when the defendant and the victim only exist, and the credibility of the victim's statement, the only direct evidence, is a question.

B. In determining the credibility of a victim’s statement in support of the facts charged, the relevant legal principles include not only whether the content of the statement itself conforms to the rationality, logic, appearance, or rule of experience, or conforms to evidence or a third party’s statement, but also the appearance and attitude of the witness, and the statement that is being made in the open court after being sworn in the presence of a judge.