A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

Around January 4, 2008, the Defendant and the victim B (the age of 37) married and divorced on or around August 10, 2018. After divorce, the victim continued to find the Defendant in his/her own residence and applied for a victim protective order with official branch of the Daejeon Family Court. The date of trial of the instant case was set at around 15:00 on July 8, 2019.

From around 13:00 on July 8, 2019, the Defendant: (a) was waiting for the victim to appear in the front corridor in front of the residence of the victim in the C Apartment D in the official city from around 13:0, the Defendant: (b) opened the entrance door to the victim; (c) opened the front door to the victim; and (d) entered the front door of the said apartment with the victim’s hand and pushed the victim into the front door of the said apartment; (c) opened the front door to the victim; (d) opened the front door to the victim; and (d) opened the front door to the victim; and (e) opened the front door to the victim; and (e) opened the front door to the victim; and (e) opened the victim’s door to the front door of the living room; and (e) opened the victim’s door to the victim’s resistance and the victim’s door to the victim’s resistance, and inserted the victim’s sexual part into the victim’s sexual part; and (e) inserted the victim’s door to the victim’s hand.

Accordingly, the defendant invadedd the victim's residence and raped the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. On-site photographs, a written diagnosis of injury, and damaged photographs;

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 297 of the Criminal Act, and the choice of limited imprisonment for a crime;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 47 (1) or 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes, the main sentence of Article 49 (1) 2 or the main sentence of Article 50 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. An order to restrict employment;