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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
At around 04:00 on December 26, 2017, the Defendant, at around 04:0, 04 and drinking in the vicinity of the main points located in Gwangju Dong-gu, Gwangju, had a victim E (the 17-year-old age-) and drinking, had the victim under the influence of alcohol, and had the victim sexual intercourse with the victim by reporting her her cab to get a mixed taxi. On the same day, the victim, following her riding in the cab, was 303 head offices of G hotel located in Gwangju Northern-gu, Gwangju, and was able to attract the scam and scamless victims, she was sexual intercourse by putting the victim's clothes on the bed at the bed at the bed, leaving the clothes of the victim, and inserting the victim's sexual organ into the sexual organ of the victim.
Accordingly, the Defendant, under the influence of alcohol, raped the victim by taking advantage of the victim’s non-competence in resistance.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes of police statement protocol to E;
1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. A special circumstance in which a defendant shall not disclose or notify personal information, if he/she comprehensively takes into account the fact that the defendant has no history of a sexual crime, the degree and expected side effects of the defendant's disadvantage due to an order to disclose or notify information, the preventive effect of a sexual crime subject to registration that may be achieved due to such order, and the effect of protecting the victim from a sexual crime subject to registration, etc., of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempted from an order to disclose or notify information;
[Determination]
1. Grounds for sentencing under Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is subject to employment restrictions;
1. Legal provisions;