Text
A defendant shall be punished by imprisonment for three years.
However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 6, 2017, at F business places located in Suwon-si E, Suwon-si, Suwon-si, the Defendant received the body-type management from the victim G (V, 44 years old), who is an employee, and found the victim being married at the above business establishment, and left the corridor of the above business establishment in order to rape the victim. The Defendant saw the victim into being the victim's chest, who saw the victim to have the victim strongly kid from the victim, and got the victim's chest by other hand.
The Defendant continued to put the victim's arms into the Defendant's arms and resisting against the Defendant's arms, and then laid the victim's body in the rest room of the employees of the above business site, and attempted to boom the victim's face, boom the victim's resistance, and suppress and rape the victim's resistance by hand, but the victim did not go against his body and resist his body, and the victim did not go against the wind, and suffered injury to the victim, such as "a inside the inside and outside of the inside", which requires approximately two weeks of medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police and prosecutor with regard to G;
1. A photograph of victim, photograph of the scene of crime, extractment of CCTV from buildings, photographs of seized objects, receipts of suspect's use card, photographs of suspect's residence CCTV, extracted data on suspect's cell phone payment records, photographs of suspect's cell phone payment records, replys to a request for appraisal, and statements of gene appraisal;
1. Application of Acts and subordinate statutes of the injury diagnosis certificate;
1. Relevant legal provisions and choice of punishment concerning facts constituting a crime: Articles 301, 300, and 297 of the Criminal Act;
1. Reduction: Articles 53 and 55 (1) 3 of the Criminal Act;
1. Suspension of execution: Article 62 (1) of the Criminal Act (The following sentencing conditions specified in Article 51 of the Criminal Act shall be considered);
1. Community service and order to attend lectures: Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. Exemption from an order to disclose or notify: Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;