A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

On October 2, 2017, at around 19:30, the Defendant forced the victim C (here, 57 years of age) who is working partner due to puncilous desire to engage in sexual intercourse with the victim, moving the victim behind the building, leading the victim to the lower part of the building, leaving the victim's clothes, and forced the victim to engage in sexual intercourse with the victim. However, the Defendant did not go against the victim's perfect resistance and breathe Defendant’s breathing the Defendant.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the police's written statement of the defendant C on the legal statement of the defendant, CCTV images closure photographs, CCTV images CDs, and photographs;

1. Articles 300 and 297 of the Criminal Act applicable to the crimes;

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (amended by Act No. 15452, Dec. 11

1. To comprehensively consider the Defendant’s age, occupation, risk of recidivism, the type, motive, process of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entry due to the disclosure notification order, prevention of sex crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., under Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019).