A defendant shall be punished by imprisonment for three years.

Provided, That the execution of a sentence shall be suspended for four years from the date this judgment becomes final and conclusive.

Criminal facts

The defendant and the victim B(n, 41) are married couple.

1. Around December 18, 2016, the Defendant assaulted the victim of sexual intercourse at the victim’s house located in Bupyeong-gu Incheon Bupyeong-gu, Incheon, on the ground that the victim was refusing to engage in sexual intercourse while demanding the victim to engage in sexual intercourse at the victim’s house. However, the Defendant assaulted the victim from walking the part, such as the victim’s lusium and the part thereof, on the ground that the victim was refusing sexual intercourse.

2. Around 14:40 on January 15, 2017, the Defendant suffered from similar rape: (a) requested the victim to engage in sexual intercourse at the victim’s home; (b) however, on the ground that the victim was refusing to engage in sexual intercourse, the victim was forced to walking twice the part of the victim’s block on the floor; (c) caused the victim’s block to go beyond the floor; (d) caused the victim’s block by double hand, leading the victim’s blick, leading the victim’s body by drinking and blacking the body of the victim by drinking, leaving the victim’s blick, leaving the victim’s blick, and going against it; and (e) caused the Defendant’s blicking of the blick, chest, and the bridge that requires two-day medical treatment.

Summary of Evidence

1. Legal statement of the witness B;

1. The police statement concerning B;

1. Investigation report (an investigation into scam photographs of assault, and an investigation into photographs of the upper part of the victim);

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of the upper part of the body;

1. Relevant Article of the Criminal Act and Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment), Articles 301 and 297-2 of the Criminal Act (the point of injury by similar rape and the selection of limited imprisonment) to commit a crime;

1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the long-term punishment for each crime is aggregated);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

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) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, or an employment restriction order; the proviso to Article 49(1) and Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse;