준유사강간
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 June 11, 2016, at around 23:48, the Defendant discovered that 112 apartment buildings in Seo-gu Daejeon, Seo-gu, Daejeon, 112, the victim C (e.g., 52 years of age) was under influence of alcohol, and kidding the victim's shoulder, kiding the victim's shoulder, kiding it back, kiding the finger, kids, and pans, kids, and panty kids, and kid the victim's fingers.
As a result, the Defendant, using the victim's mental or physical loss or the state of impossibility of resistance, committed similar rape by inserting the victim's fingers into the victim's sexual organ.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. Application of Acts and subordinate statutes to the arrest report, investigation report and investigation report (related to telephone communications between the victim and telephone communications);
1. Relevant Articles 299 and 297-2 of the Criminal Act concerning the facts constituting an offense;
1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):
1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;
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 information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the Defendant has no record of punishment for committing a sexual crime, and the Defendant is anticipated to have no record of punishment for committing a sexual crime, and the Defendant’s personal information registration and participation in a sexual assault treatment program are anticipated to have an effect to prevent recidivism. Thus, there are special circumstances in which the Defendant’s personal information may not
I think)
Reasons for sentencing
1. The scope of applicable sentences by law: Imprisonment for not less than two years nor more than 15 years;
2. The basic area of the punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be the general standard for the crimes of rape (the persons subject to at least 13 years of age). The basic area of the crimes of rape (the general rape shall be described from August to April) (the basic area of the punishment shall be described from August to April of one year: No adult similar rape (the special element of mitigation of punishment).
3. Determination of sentence: Imprisonment with prison labor for not less than two years, and the instant crime for not less than three years of suspended sentence;