A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

The defendant and the victim D(the age of 36) were related persons, and the victim was pregnant in the course of being in a personal relationship with the defendant. However, on January 11, 2014, on the ground of the risk of the marry and miscarriage, the victim was under pregnancy surgery with her mother on January 15:30, 201, and the victim was under pregnancy surgery on January 22, 2014 due to the continuous blood transfusion.

On January 22, 2014, at around 21:30, the Defendant, at the victim’s residence located in Seodaemun-gu Seoul, Seodaemun-gu E and B01, demanded that the victim “conscing sexual intercourse” be made up of the victim’s desire, and that the victim would not meet the Defendant’s demand. However, on the ground that the Defendant’s demand was accepted, and that “the Defendant would go against the Defendant’s demand......, the Defendant forced the Defendant’s arms, which the cell phone machine was coming up after the oral intercourse, to be forced by the Defendant, and attempted to have sexual intercourse with the victim’s bar and clothes off.”

Accordingly, when the victim resisted that “the victim should not have a sexual intercourse upon an operation,” it means that “the victim should not have a sexual intercourse,” and the victim’s bridge was forced to leave the bridge to Defendant and forced the victim’s bridge to suppress the victim’s resistance, and raped the victim by inserting the victim’s sexual organ into the negative part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Some of the interrogation records of the defendant prepared by the police;

1. Investigation report prepared by the prosecution (to hear additional statements of a victim);

1. Police's written request for appraisal;

1. Requests for appraisal by the head of the Seoul Scientific Investigation Research Institute;

1. A medical certificate for preparation of doctor F;

1. Application of Acts and subordinate statutes governing certificates of medical records;

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

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. Order to complete a program;