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

However, 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

The Defendant is between the victim B (n, 62 years of age, hereinafter referred to as “victim”) and the neighbor.

At around 20:00 on March 21, 2020, the Defendant, while drinking at the victim's house located in Michuhol-gu Incheon Metropolitan City, asked the victim to lend money to the victim, but the Defendant refused to do so, “A” from the victim during the victim's oral dispute with the victim, she was off his/her own will and panty, cut off his/her panty, put his/her finger into the part of the victim's sound, put him/her into the part of the victim's body, put the victim's upper part of the victim's upper part of the part of the victim who was going beyond the floor, and she was fit for the victim's chest, and she was fit for the victim.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. On the first police statement B concerning the police protocol B of the interrogation protocol of the defendant in relation to the prosecutor's protocol of the defendant in relation to the prosecutor's protocol of the defendant in relation to the prosecutor's protocol B, voluntary report on the police protocol B, internal investigation report, and the application of the law of the 112 Incident Handling Table

1. Relevant Article 297-2 of the Criminal Act concerning criminal facts;

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

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; 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); the Defendant has no record of being punished for a sexual crime prior to the instant crime; the Defendant appears to have the effect of preventing the Defendant from repeating a sexual crime even by issuing an order to attend a lecture for treating sexual assault against the Defendant, an order to restrict employment, and registration of personal information; and the Defendant’s age, character and conduct