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

At around 02:00 on January 7, 2016, the Defendant had a mind to rape the Victim D (Woo, 19 years of age) at the Defendant’s home located in Daegu Northern-gu C apartment 205 Dong 1303, Daegu Northern-gu, 2016.

The Defendant, by hand, lying the victim on the bed, lying the victim into the bed, prevented him from leaving the shoulder, and left his body with his own body off the victim's bridge by forcing the victim's bridge by force and suppressing his resistance with his hand.

Then, the Defendant had sexual intercourse with the victim once by inserting his fingers into the victim's sound and resistance, after deducting from what the Defendant had inserted his fingers in the victim's sound and resistance, and inserting his sexual organ into the victim's sound book.

Accordingly, the defendant raped the victim by assault or intimidation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement law to D;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);

1. Article 62-2 (1) of the Criminal Act regarding community service order;

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

1. Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure Order and Notification Order; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse has no criminal record. In light of the background of the instant crime; the victim’s relationship; the Defendant’s age, character and conduct, occupation, home environment, and social ties, etc., it is difficult to readily conclude that the Defendant has the recidivism or risk of recidivism of a sexual crime. The social interest expected by the disclosure order and notification order; the effect of the prevention