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

The defendant and the victim B (the age of 21) came to know through open hosting around May 2019.

On May 22, 2019, at around 00:10, the Defendant driven the victim's body before the victim's house in Ansan-si, and moved the victim's body to the upper door of "E" located in Pyeongtaek-si D with the victim at around 03:30, and subsequently, the victim's sexual intercourse was requested to the victim within the vehicle but the victim refused his sexual intercourse, and the victim gets off the victim's seat, leaving the victim's body behind the victim's seat, leaving the victim's seat, leaving the victim from resisting against the other victim, leaving the knife in the knife, cut the chest, moving the victim's body into the back seat, let the victim cut off the clothes with the back seat, leaving the victim knife, moving the part of the victim's body that was accumulated in the back seat, and then putting the victim's body into the part of the victim's body, making the victim familiar with the victim's body.

At around 05:30 on the same day, the Defendant continued to move the victim's house in Ansan-si C with the victim's house in Ansan-si C and again requested the victim's sexual intercourse, but the victim refused it, cut away from the victim's house and work together with him, and on the same day, went off from the victim's panty and panty, and inserted the Defendant's sexual organ into the part of the victim's sound.

Accordingly, the Defendant had sexual intercourse with the victim twice and raped.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. A complaint;

1. A report of investigation (Submission of a victim's note);

1. Requests for provision of communication confirmation data and the application of replies statutes;

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The favorable circumstances for sentencing under Articles 53 and 55(1)3 of the Criminal Act are the reasons for discretionary mitigation.