준유사강간
Defendant shall be punished by imprisonment for a term of one year and six months.
However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Criminal facts
The defendant and the victim C (the life, the life, the age of 36) came to know through the "D" hosting site.
On February 8, 2018, the Defendant drinks alcohol with a victim and a person who became aware of the drinking process, including the victim, at a drinking house located in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Sungnam-si, and drinking alcohol more than 07:30 to 08:00 on the following day, and with a victim’s house in Sungnam-gu, Sungnam-gu, Sungnam-gu, and Sungnam-gu.
At around 10:40 on the same day, the Defendant went out of the victim’s house, and she was under the influence of alcohol so that the victim was locked in an inner bed, and panty panty ties were feld by taking advantage of the victim’s mental and physical loss, and her finger and panty ties were feld by inserting her fingers into the part of the victim’s sound, thereby committing similar rape.
Summary of Evidence
1. Partial statement of the defendant;
1. Protocols concerning the examination of partial prosecutions of the accused;
1. Statement made by the prosecution against C;
1. Protocols concerning the examination of partial police officers of the defendant;
1. Statement made by the police against C;
1. Investigation report (as to the result of a request for appraisal);
1. Application of Acts and subordinate statutes notifying departments related to 112 reporting of the case;
1. Relevant Articles 299 and 297-2 of the Criminal Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 62-2 of the Criminal Act; the main sentence of Article 16 (2) and Article 16 (4) 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 and an order to restrict employment, 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, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant has no record of being punished as a sex offense, and the instant crime alone
It is difficult to readily conclude the Defendant’s participation in sexual assault treatment to a certain extent.