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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
around 01:30 on August 29, 2013, the Defendant, at the ‘Dju' located in Soyang-gu, Soyang-gu, Soyang-si, Dayang-gu, Dayang-gu, Dayang E, Huyang-gu, Mana F (n, 19 years of age), and Mamo-gu, Mamo-gu, Damo-gu, 507 and 508 on the same day, after drinking alcohol with the victim F (n, 19 years of age), and the victim's
At around 06:00 on the same day, the Defendant reported that the victim was under the influence of alcohol and exceeded the clothes of the victim, and subsequently raped the victim who was under the influence of the victim’s body on one occasion, with sexual intercourse with the victim who was under the influence of failing to resist.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the police protocol of statement to F (victim) Acts and subordinate statutes;
1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;
2. Article 53 or 55 (1) 3 of the Discretionary Mitigation Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the sentencing):
3. Article 62 (1) of the Act on Suspension of Execution (The following factors shall be repeatedly taken into consideration for the defendant).
4. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to provide community service and attend lectures;
5. In full view of the circumstances and results of the instant crime, the benefits and effects expected by the instant order or notice order, the disadvantages and side effects therefrom, etc., the Defendant’s personal information is deemed to have committed the instant crime in a contingent and consistent manner due to the occurrence of the victim’s desire to report it with the victim, and the Defendant appears to have committed the instant crime under Article 47(1) and Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure Order and Notice Order, and the proviso of Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse.