A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

Around December 2018, the Defendant proposed that the victim C(n, 23 years of age) was aware of the victim’s cell phone display “B” through the victim’s cell phone display “B,” and that the victim wanting to drink with the victim on January 19, 2019 when communicating with the victim on or around January 19, 2019, “it is impossible to drive the victim by drinking alcohol and getting off the vehicle at the latest.” As such, the Defendant moved the victim to the victim’s cell line with the victim on or around 21:00 on the same day with the victim’s consent, and took off the clothes of the victim, but the victim was tight with the body of the Defendant, and then the victim took off the body of the victim.

In spite of being rejected, the victim's two arms were divided into the victim's two arms with his hand, and the victim's resistance was prevented, and sexual intercourse was committed once by inserting his sexual organ into the victim's sound part after suppressing the victim's resistance.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement (the first time) and the statement (the second time) with respect to C;

1. Application of Acts and subordinate statutes to a criminal investigation report (in response to the result of a request for appraisal), investigation report (Submission of victim evidence photographs);

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

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. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Welfare of Persons with Disabilities ( December 11, 2018), the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

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 information; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; the proviso to Article 50(1) proviso appears to have no record of punishment for sexual crimes; Article 50(1) proviso appears to have the effect of preventing