A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Criminal facts

The defendant and the victim D(mar, 35 years old) are the space between the defendant and the victim through the reinspection information company.

On September 27, 2015, the Defendant, along with the two children of the victim and the victim, provided accommodation in the F Bill Corporation (hereinafter “instant pension”) located in Yangyang-gun E (hereinafter “instant pension”).

피고인은 2015. 9. 28. 03:00 경 위 펜 션 2 층에서 아이들과 함께 자고 있는 피해자에게 다가가 그녀의 가슴과 음부를 입으로 애무하다가 잠에서 깬 피해자가 “ 하지 마라 ”라고 하면서 거부하자 아이들이 깰까 두려운 마음에 피해자를 1 층으로 내려오게 한 후 피해자를 바닥에 눕히고 피해자의 바지와 팬티를 내린 다음 이를 거부하는 피해자의 어깨를 손으로 눌러 움직이지 못하게 하는 방법으로 반항을 억압한 후 피해자의 음부에 성기를 삽입하여 강간하였다.

Summary of Evidence

1. Legal statement of the witness D;

1. Part concerning D's statement among the protocol of interrogation of the suspect against the defendant by the prosecution

1. Statement made by the police against D;

1. A complaint filed in D;

1. Reports on internal investigation by the police (specific relation to the personal information of the suspect);

1. A photograph by capturing a text message;

1. Application of statutes to a written report on analysis of text messages;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Determination as to the assertion by the Defendant and his/her defense counsel under the main sentence of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc.

1. The summary of the argument is that the Defendant: (a) deemed the victim to have been lowered from the second floor of the instant pension to the first floor; (b) the victim was able to diving the victim to the first floor; (c) the victim was her chest; and (d) the victim was laid down on the victim’s chest to have sexual intercourse with the victim; and (c) the victim was panty and panty; and (d) at that time, the victim was refused to have sexual intercourse with the victim and suspended. Accordingly, the Defendant is the victim as stated in the facts constituting the crime in the judgment.