준유사강간치상
A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Criminal facts
On March 31, 2016, from around 20:30 to 22:00 on the same day, the Defendant drinked alcohol with the victim at the Defendant’s lodging room of the E-stock company where the Defendant and the victim D (the age of 28, Indonesia) work, and her mind to commit similar rape with the victim by drinking alcohol with the victim, and her body was frightened, her body was frightened with the victim, and her body was frightened with the victim’s body, and her body was frightd with the victim’s resistance to resist, and her body was frightd with the victim’s resistance.
As a result, the defendant suffered bodily injury, such as acute resistance, which requires two weeks of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A medical certificate;
1. Application of Acts and subordinate statutes to report internal accidents (on-site photographs and peripheral CCTVs);
1. Relevant Articles of the Criminal Act and Articles 301, 29, and 297-2 of the Criminal Act concerning the crime;
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. The main sentence of Article 62 (1) of the Criminal Act (the following consideration shall be repeated for the reason for sentencing);
1. The main sentence of Article 16 (2) 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 disclosure and notification orders; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse that the Defendant has no record of being punished for the same crime prior to the instant crime; personal information of the Defendant against the Defendant and taking lectures in sexual assault treatment curricula appears to have the effect of preventing recidivism to a certain extent; and other matters such as the Defendant’s age, family environment, social relationship, and