A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On September 8, 2016, the Defendant submitted a written complaint at the Selel Police Station 2 in Selelaeman-si, Selela.

The contents of the above complaint state that “the defendant was raped from B at the studio in B on August 25, 2016,” and on the same day, the defendant stated the facts of his damage at the women’s juveniles and the office of the above police station on the same day.

On August 25, 2016, the Defendant made a statement to the effect that “B was lying on the Defendant’s hand at his own room, putting the Defendant’s seat on the bed, forced the Defendant to be placed on the bed, and, by threatening the Defendant to “I am prior to the video,” thereby suppressing the Defendant’s resistance and committing rape once,” but, on the other hand, the Defendant was sexual intercourse under the agreement with B at the residential room located in C, No. 304, Aug. 25, 2016, and there was no fact that B had raped the Defendant.

In this respect, the defendant had not been punished against B for the purpose of having B receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect B by the prosecution; and

1. Complaint;

1. Application of Acts and subordinate statutes on domains;

1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence include one time a criminal conviction of the same kind against the defendant, on the other hand, the fact that the defendant agreed with the B intended to be sexually against and avoid, the defendant's age, sex, criminal conduct, family relationship, environment, circumstances and result of the crime, and the circumstances after the crime, etc. shall be comprehensively considered, and the punishment as ordered shall be determined as set forth in the Disposition.