A defendant shall be punished by imprisonment for not less than eight months.

except that 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 September 1, 2017, the Defendant submitted a letter of complaint to the Gwangju Western Police Station located in the Seo-gu Standing Park on the Seo-gu Special Metropolitan City on July 27, 2017 that “The Defendant Party B, who was the Defendant, was able to play with C on July 27, 2017, was unable to get off his clothes and to have sexual intercourse with C, and the Defendant was sexual intercourse with his/her hand despite resistance. At least four to five times, the Defendant attempted to use his/her clothes, but he/she was sexual intercourse. The Defendant was punished for rape and confinement because he/she was sexual intercourse.” On the same day, the Defendant made a statement to the effect that he/she committed rape in the aforementioned Seo-gu Police Station Women Youth and the Cheongdong Investigation Team as above.

However, in fact, the defendant decided to engage in sexual traffic with B and had sexual intercourse under the agreement with B, and there was no rape or confinement of the defendant.

Accordingly, the defendant was arrested for the purpose of having B receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B;

1. Statement of each police statement of the defendant;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Articles 157, 153, and 55 (1) 3 (Confession) of the Criminal Act, which are statutory mitigation;

1. It is necessary to strictly punish a crime with the reason for sentencing under Article 62(1) of the Criminal Act in that it infringes on the national legal interest, which is a proper exercise of the State’s trial function, and threatens the legal stability in order to avoid such crime.

However, there are more favorable circumstances, such as the confession of the defendant and the mistake against him, the confession of the crime in the course of the investigation into the intention to avoid the crime and the fact that the person who has not been punished actually, and the defendant has no criminal record exceeding the same kind and fine, etc., in other arguments in this case.