준강간
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On June 19, 2016, from around 02:30 to 04:17 of the same day, the Defendant: (a) reported that the victim F (one person, two-one year old) who dices alcohol together at the native E house of the old Si/Gu, was under the influence of alcohol, was under the influence of alcohol; (b) exceeded the victim’s clothes, and inserted the victim’s sexual organ into the part of the body of the victim.
As a result, the suspect has sexual intercourse with the victim by taking advantage of the victim's non-competence condition.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to F and G;
1. A response to a request for appraisal and a gene appraisal report;
1. Investigation reports (related to CCTV image data in the vicinity of the site) and the application of each photographic statute;
1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;
1. In full view of the Defendant’s age, occupation, family environment, social relationship, criminal record, the risk of recidivism, and other various circumstances, including the benefits and effects expected by the instant disclosure order or notification order and the disadvantages and side effects therefrom, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.
[Determination]
Defendant
The defendant and defense counsel asserts that the defendant had mental and physical weakness under the influence of alcohol at the time of committing the instant crime.
It is recognized that the Defendant was drinking at the time of committing the instant crime.
However, the background and process of the instant crime, which is acknowledged by the aforementioned evidence.