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1. The defendant shall be punished by imprisonment for two years;
2. Provided, That the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
1. Around March 4, 2014 when the Defendant was serving in the military, the Defendant was taking a leave of absence on March 4, 2014, and around 00:00 on March 5, 2014, at the main point of “E” located in Ansan-si member D, Ansan-si.
F-friendly job-friendly victim G (n, 21 years of age) contacted F on March 5, 2014 through the text message of “ Pestbook,” around 02:0, and found F on March 5, 2014 as the above main point for drinking, together with F on March 5, 2014. The Defendant continued to drink F with F and the victim at the “I” main point of “I” located in Ansan-si, Sinsan-si.
At around 04:30 on March 5, 2014, the Defendant proposed that “F and the victim drink a gregly gly gly gly gly gly gly gly gly gly gly gly gly gly gly gly gly gly gly gly gly gly gly gly gly gly gly gly gly gly, and accordingly, the Defendant, F and the victim performed a game with the Defendant’s performance at the near convenience store.
However, while the victim was playing a game, the victim was locked on the wind that makes a large amount of drinking by penal provisions, and became locked.
2. On March 5, 2014, the Defendant: (a) at the above conference room, between F’s entry into a toilet on the part of the Defendant: (b) with alcohol, humping the victim’s cryp and panty; (c) with the victim’s cryp and panty cryp; and (d) with his cryp inserted his cryp into the part of the victim’s cryp.
Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.
Summary of Evidence
1. Defendant's legal statement;
2. Application of each police statement (including copies thereof) to G and F
1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;
2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
3. Article 62 (1) of the Criminal Act;
4. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation Orders.
5. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed on June 6.