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A defendant shall be punished by imprisonment for not less than two years 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
At around 23:00 on September 11, 2019, the Defendant received calls from the victim E (here, 24 years of age, and Ga) (hereinafter “D”) who is a member of the group “D” to the effect that he/she will hold a public performance, and that he/she will go back to his/her match. By using the victim’s trust and follow with the Defendant’s peace, the Defendant took the above female Co., with the Defendant’s implied, and her drinking together, followed the alcohol. At around 23:00, the Defendant was able to have sexual intercourse with the victim by taking advantage of the victim’s state of difficulty to resist under the influence of alcohol.
1. On September 12, 2019, from around 02:00 to 03:00 on the same day, the Defendant exceeded all the victim’s upper and lower parts by taking advantage of the victim’s state of difficulty to resist under the influence of alcohol under the above inn C, and has sexual intercourse by inserting the Defendant’s sexual organ into the part of the victim’s sound.
2. On the same day from 08:00 to 09:00 on the same day, the Defendant: (a) committed sexual intercourse by inserting the Defendant’s sexual organ into the part of the victim, taking advantage of the victim’s refusal to resist himself under the influence of alcohol, by inserting his clothes out of all the clothes at the same place as referred to in the preceding paragraph, “Ah, Ah (the Defendant’s name is the victim’s usual part of the victim).”
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E;
1. Application of the Act and subordinate statutes on Investigation Report (Akao Stockholm dialogue and accompanying pictures of telephone conversations);
1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;
1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act (the aggravation of concurrent crimes with the punishment determined for the crime of quasi-rape due to the crime of paragraph (2) of the same Article which is heavier than the quality of the crime);
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62(1) of the Criminal Act (hereinafter referred to as the following grounds for sentencing) 1.