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

On March 15, 2020, the Defendant, on March 15, 2020, employed the Victim B (Felin, name, 26 years of age, nationality) as a part of the ginseng field development field and acted as if the victim were to instruct other businesses. On March 15, 2020, the Defendant, on March 15, 2020, moved the victim into the Defendant’s vehicle, and moved the victim to the Defendant’s residence located in the former Northwest-gun C.

그 후 피고인은 쭈뼛거리며 집 밖에 서 있는 피해자에게 “일로 와 봐”라며 집 안으로 들어오게 한 다음 갑자기 피해자의 오른쪽 팔을 잡아당겨 안방으로 끌고 들어가고, 이에 피해자가 태국어로 “하지 마”라고 소리를 지르고 몸부림치며 저항하였음에도 피해자의 상의를 벗기고, 피해자를 침대 위로 밀쳐 눕힌 후 피해자의 허벅지와 몸을 눌러 움직이지 못하게 하는 방법으로 피해자의 반항을 억압한 다음 피해자의 하의와 팬티를 벗기고 피고인의 성기를 피해자의 음부에 삽입하였다.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to B (alias), D, and E;

1. Application of Acts and subordinate statutes to written requests for appraisal, written reports on genes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to reduce a small amount (see, e.g., Supreme Court Decision 53 or 55 (1) 3);

1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Sexual Crimes; the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 1662, Nov. 26, 2019) (amended by Act No. 1662, Nov. 26, 201