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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 1, 2017, at around 01:0, the Defendant: (a) committed sexual intercourse with the victim D (the 30-year old-old) who was under the influence of alcohol at the Defendant’s house, Seoul Special Metropolitan City, Nowon-gu, and 202; (b) the victim pushed the Defendant’s body at his hand, pushed the Defendant’s body, pushed the Defendant’s body, pushed the Defendant’s body, pushed the Defendant’s body, pushed the Defendant’s body, boomed the Defendant’s hand, and led the victim to the suppression of the victim’s resistance by taking the head’s hand; and (c) committed sexual intercourse once.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes to each investigation report (three copies of a response to a response to appraisal with a State, and hearing statements from the victim by telephone);
1. Article 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 shall be considered for the reasons for sentencing):
1. Article 62 (1) of the Criminal Act on the stay of 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. 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 Children and Juveniles against Sexual Abuse (the fact that the defendant has no record of punishment for a sexual crime, the fact that the defendant has recognized and reflects his/her criminal act, and the defendant's age, social relationship, etc. can prevent the defendant from repeating the crime even by taking part in the registration of personal information of the defendant and taking lectures of sexual violence against him/her;
In full view of the fact that there are special circumstances in which the disclosure of personal information of the defendant should not be disclosed.
Determinations)
Where a conviction becomes final and conclusive on the facts constituting the crime on which personal information is registered, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.