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

On December 14, 2012, the Defendant, who became aware of in the Company, was raped with a doping to the effect that a woman was fluencing with the victim C (ma, 24 years of age) who was flucing with the Company, and that he was flucing.

The Defendant, at around 05:00 the following day, assaulted the victim, who is on the beds, with his/her face and neck, continued to talk with him/her on his/her hand, and refused to talk with him/her, placed him/her on the bed, placed him/her again on the bed, and prevented him/her from going on his/her body, and led him/her to suppress his/her resistance, and then put his/her chest into the bed by his/her hands, and tried to have sexual intercourse with him/her by inserting his/her finger on his/her part, but the victim failed to bring his/her finger into the bed and refused to do so and attempted to bring him/her into the bed.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement regarding C;

1. 112 reported details and the application of Acts and subordinate statutes to the investigation report (involving the commencement of an investigation);

1. Articles 300 and 297 of the Criminal Act applicable to the crimes;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (including circumstances favorable to the defendant among the reasons for sentencing following the suspended sentence):

1. Article 16 (2) of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof, Article 59 of the Act on Probation, etc.;

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

1. The Defendant appears to have committed the instant crime in a contingent manner against a victim who was aware of the fact that the Defendant had committed the instant crime. The Defendant has no record of the same kind of crime, such as sex crime, and the rape itself is committed by the Defendant.