Text
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.
Reasons
Punishment of the crime
The Defendant is a high-speed post-ray relationship that he first became aware of through the victim B (n, 19 years of age, hereinafter referred to as "victim") and SNS around 2016.
Around 19:00 on June 19, 2019, the Defendant met with the victim at the Seocheon-si, Dandong-gu, Dondong-gu, and then drinking alcoholic beverages, and went together to the guest room within the lake of "Donnam-gu, Dong-gu". The Defendant, around 03:0 on June 20, 2019, refused to complete the Defendant’s chest and the arms of the victim who was under the influence of alcohol, she called “ma”, and the victim was fried by the Defendant’s chest, and was unable to drive the part above the body of the victim’s body, and subsequently, was inserted into the victim’s sexual organ into the victim’s sexual organ.
Accordingly, the Defendant raped the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning B;
1. Application of the Acts and subordinate statutes to the victim of the accusation and the defendant, to report an investigation (in relation to the prescription submitted by the victim), crynasium and prescription, and a medical dogology on the victim and the defendant;
1. Article 297 of the Criminal Act applicable to the crimes;
1. Article 53 or 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 (The following consideration shall be made again for the reason of 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 an order to notify disclosure of information, the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); and it is difficult to readily conclude that the Defendant has no record of punishment for a sexual crime in the past, and thus, the Defendant’s personal information and sexual assault against him/her.