유사강간
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
On August 8, 2019, at around 17:30, the Defendant demanded several times to the effect that, within the studio room of Mapo-gu Seoul Metropolitan Government building B and the 'C' located on the fourth floor, the Defendant did not raise the victim D (tentative name, leisure, 25 years of age) for all women-friendly job offers, and the Defendant’s sexual organ was in the vicinity of the victim’s entrance, and entered the victim’s sexual organ into the victim’s inner organ as soon as possible by leaving the victim’s head, thereby suppressinging the victim’s sexual organ.
Accordingly, the Defendant committed an act of injecting the sexual organ into the body of the victim, such as the mouth of the victim.
Summary of Evidence
1. Defendant's legal statement;
1. The first police statement concerning D;
1. Records of seizure and the list of seizure;
1. Application of Acts and subordinate statutes to a gene appraisal statement;
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. In full view of the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process of crime, consequence, seriousness of the crime, disclosure and notification order, anticipated side effects and expected side effects of the Defendant’s disadvantage caused by the Defendant’s injury, prevention effect of sexual crime, protection of the victim of sexual crime, etc., the Defendant’s personal information registration and attendance order alone appears to have no record of having been punished for a sex offense.