A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

around October 2016, the Defendant 2017 Gohap 137 met with the neighboring party C(Y, 51 years old) who resides in the apartment like himself at the event held in Busan D around October 2016.

On December 23, 2016, the Defendant, at around 15:00 on December 23, 2016, had the victim living in Busan Shipping Daegu, △△△△△△△△, had the victim unable to resist, such as infusing the victim’s clothes, she was forced to get off and take off the victim’s clothes, and put the victim’s fingers inside the part of the victim.

As a result, the Defendant committed an act of inserting part of the body in the victim's sexual flag and thereby inflicted an injury on the part of the victim's sexual organ, such as blood transfusions, external part, and a hole of a physical wall, in which the number of days of treatment can not be known.

around 03:50 on November 20, 2016, the Defendant: (a) discovered that the Defendant was seated in the stairs of the F subway Station No. 3 located in the Geum-gu, Busan on November 20, 2016; (b) found the Victim G (20 years of age) who was under the influence of alcohol and was seated in the stairs of the said Victim’s sex and legs; and (c) forced the said Victim to commit an indecent act by force, such as the Victim’s sexual flag and bridge, and her knife the knife of the knife of the knife.

Summary of Evidence

"2017 Gohap 137"

1. Partial statement of the defendant;

1. C’s statements and records of the statements recorded in video recording CDs;

1. Police seizure records;

1. Medical opinions;

1. Reporting on investigations by the police and the prosecutor's office to conduct an investigation "2017, 205";

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to police and prosecutorial investigation reports;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 301, 300, 297-2 (the occupation of injury to similar rape and the choice of imprisonment) of the Criminal Act, Articles 299 and 298 (the occupation of quasi forced indecent act, the choice of imprisonment) of the Criminal Act;

2. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the extent that the sum of the long-term punishments of the above two crimes, which are determined for the crime of injury to similar rape with heavy punishment, is added);

3. The Criminal Act for mitigation of quantity;