Text
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
On July 11, 2014, around 05:50, the Defendant inserted the Defendant’s sexual organ into the part of the sound of the victim who was locked, while she was booming the victim E (here, 21 years of age) who was found to be a customer from “D” of the Defendant’s operation on the third floor of the C Ground Building in light of light.
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 Acts and subordinate statutes on police statement to E;
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. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Training;
5. Reasons for sentencing of a defendant's personal information should not be disclosed in full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders; (b) Articles 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; (c) Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; (d) Article 50(1) proviso of the Act on Special Cases concerning the Protection, etc. of Sexual Crimes against Sexual Abuse (e.g., the Defendant appears to have committed the crime of this case in a dynamic and dynamicly agreed upon with the victim after the victim's death; (e) Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Victims of Sexual Crimes;
1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;
2. Scope of recommended sentences according to the sentencing criteria;
(a) Determination of types: sex crime group - rape of general standards (subject to at least 13 years of age) - Type 1 (general rape);
(b) Special penal persons: No penalty shall be imposed;
(c) Scope of recommending punishment: Imprisonment with prison labor for a year and six months to three years ( mitigated areas);
3. Criteria for suspension of execution;
(a) Major reasons for participation: Punishment in terms of pride;