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 three years from the date this judgment became final and conclusive.

Punishment of the crime

피고인은 2018. 5. 3. 13:00경 군포시 B 앞에서 지나가는 피해자 C(가명, 여, 83세)와 만나 이야기하던 중 피해자로부터 집이 깜깜하다는 이야기를 듣게 되자, 피해자에게 ”어떻게 집이 생겼길래 그러냐 집 구조 좀 봐요“라고 말하여 피해자와 함께 같은 길에 있는 피해자의 집으로 가게 되었다.

The defendant, after entering the victim's house, pushed the victim's body with his own self-loss and pushed the victim's body over the floor, led the victim to divide his body into the victim's body and suppress the victim's body and sexual intercourse with the victim once.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each police statement made to C (alias) and D;

1. Application of Acts and subordinate statutes to each investigation report (specific suspect, victim photographs and counseling contents);

1. Article 297 of the Criminal Act applicable to the crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. An order to attend a lecture, an order to disclose or notify such order, the proviso to Article 16(2), Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the employment restriction order, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 2 of the Addenda (Act No. 15452, Mar. 13, 2018), Article 3 of the Addenda (Act No. 15352, Jan. 16, 2018), the proviso to 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 49(1) of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 1111, 2018), etc.