A defendant shall be punished by imprisonment for not less than three months.

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

Punishment of the crime

The defendant and the victim B (the 60-year old) are the married couple.

At around 19:00 on September 2, 2019, the Defendant: (a) was able to take care of the victim’s face and body, due to drinking and salivation, etc. on the ground that the victim refused to engage in sexual intercourse; (b) the Defendant was salivating the victim’s face and body; and (c) was salivating the victim’s body.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of B and E;

1. 112 reported case handling table;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the general injury [Type 1] general injury [special person] - the elements of mitigation: source of punishment (including efforts to recover damage): [The scope of recommendations and recommendations] mitigation area; the range of mitigation area; imprisonment with prison labor for two to ten months [the general person] [the grounds of suspension of execution] (the grounds of suspension of execution] - The grounds of major pride: source of punishment (including serious efforts to recover damage) - The grounds of general pride: no criminal records of suspension of execution or more.

3. Determination of sentence: Imprisonment with prison labor for three months and one year of suspended sentence;