A defendant shall be punished by imprisonment for one year.

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

Based on facts acknowledged by the pleadings and records of this case, the facts charged were partially revised to the extent that the defendant's right of defense is not infringed.

On July 23, 2019, at around 03:25, the Defendant discovered that the victim D (alias, life, age 22) was expected to sit in the pole under the influence of alcohol at the parking lot of the first floor of Yangcheon-gu Seoul Metropolitan Government building C, and that the victim was able to sit in the vehicle where the victim was towed into the parking lot by hand.

After the locking, the Defendant re-enters the victim on the floor by putting the victim on the floor, putting the victim on the hand, frightened the victim's body, frightened with the victim's body, frightened the victim's panty with the victim's resistance, and kneeged the victim's panty with both hands, and kneeged the second hand into the part of the victim's knee.

Accordingly, the defendant included the defendant's fingers in the part of the victim's sound, and similar raped the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Application of statutes governing field video CDs;

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. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. The Defendant has no record of being punished for committing a crime, the registration of personal information and the treatment of sexual assault under Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes exempt from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.