유사강간
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On September 7, 2019, at around 01:40, the Defendant was placed on the side of the victim D (the age of 27) who was divingd in the bed while drinking alcohol together with her fluor at the Defendant’s house located in Dongdaemun-gu Seoul building and the Defendant’s house, and she was able to attract the victim from the back of the victim’s home who was able to move the victim’s fluor, and she was able to attract the victim himself/herself, and she was fluored by the victim’s fluor despite the victim’s refusal and her fluor, despite the victim’s fluoring of the victim’s fluor, and the Defendant was able to get off the victim’s chest, and she was fluord by the victim’s resistance, and she was fluord by the Defendant’s finger inside the sexual flag.
Accordingly, the Defendant raped the victim.
Summary of Evidence
1. Statement of the accused in the first protocol of trial;
1. Police suspect interrogation protocol of the accused;
1. Each police statement made to D and E;
1. A complaint filed in D;
1. Application of the Kakao Stockholm statutes
1. Relevant Article 297-2 of the Criminal Act concerning criminal facts;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Grounds for sentencing under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. Scope of punishment by law: Two to thirty years of imprisonment;
2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);
(a) Two years of imprisonment (the range of recommended by the sentencing guidelines) (the range of recommended by the sentencing guidelines) for the crime of rape (the first category) and the general rape [the mitigated elements of the punishment (the scope of recommending and recommending punishment): the mitigated scope of the punishment; the imprisonment for one year to two years (the similar rape in the year of sex shall be included in the first category; the maximum and minimum range of the sentencing range shall be mitigated to 2/3); the sentenced range of the punishment shall be mitigated to 2 years); and
3. The defendant, who has rendered a sentence of sentence, was friendly.