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Defendant shall be punished by imprisonment for a term of one year 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.
Reasons
Punishment of the crime
On June 29, 2015, the Defendant discovered that the victim E (n, 22 years of age) was under diving and was under diving in the residence of 102 building 102 in the Dong-gu, Gwangju, 2015, and that the victim E (n, 22 years of age) was under the influence of alcohol, taken off she from half panty and panty panty, she was under the influence of the victim, taken off her clothes and her broke, she was under the influence of drinking, she was under the influence of drinking, and her sexual flag was in sexual intercourse once by inserting it into the drinking part of the victim.
Summary of Evidence
1. Any statement made by the defendant in compliance with this Act;
1. Statement prepared by the assistant judicial police officer to make a statement suitable for such statement;
1. Application of the Acts and subordinate statutes in each gene appraisal statement that fit for such application;
1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following extenuating circumstances among the reasons for sentencing shall be considered);
1. Article 62 (1) of the Criminal Act on the stay of execution (it is difficult to readily conclude that the defendant has no record of punishment for the same kind of crime, and thus, there is a risk of re-offending; and consideration of possibility of edification and necessary circumstances within home
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. Grounds for sentencing under Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;
2. Application of the sentencing guidelines [decision of types] general criteria for rape (subject to the age of 13 or more). Type 1 (General Rape) (subject to the age of 13 or more), non-conformity with punishment (subject to mitigation) (subject to recommendation], one year and six months to three years (subject to mitigation); and
3. Where a defendant who has made a decision of sentencing has sexual intercourse with another victim, and such crime is not suitable; and
On the other hand, the defendant did not have any history of punishment for the same kind of crime, committed contingent crimes, reported himself to the investigation agency, and the victim does not want the punishment of the defendant.
These various sentencing conditions are the same.