Text
A defendant shall be punished by imprisonment for not less than two years and six months.
The defendant's information about the defendant is a three-year information and communication network.
Reasons
Punishment of the crime
At around 12:00 on September 3, 2016, the Defendant, like the victims, drinked the alcohol as the victim, and discovered that the victim E (name, leisure, age 22) was under the influence of alcohol, was under the influence of alcohol, was under the influence of alcohol, was under the influence of alcohol, was under the influence of the victim E, and the Defendant’s sexual organ was put into the victim E.
The Defendant continued to draw up on the side of the victim who was able to take the left hand of the victim D, to take the Defendant’s sexual organ, to take up the victim’s face, and then to put the Defendant’s sexual organ into the victim D.
Accordingly, the defendant included a sexual organ in the mouth E of the victim E in a non-competence, and committed an indecent act against the victim D by force.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness E and D;
1. Statement made by each prosecutor and police with respect to E and D;
1. Response to a request for appraisal;
1. 112 Application of the details of processing of reported cases and the statutes requesting the delivery of recording files;
1. Relevant legal provisions concerning facts constituting an offense, Articles 299, 297-2 (a point of quasi-Rape) of the Criminal Act, and Article 298 of the Criminal Act (a point of forced indecent act and choice of imprisonment);
1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes within the extent that the sum of the long-term punishments for the crimes of similar rape prescribed by the heavier punishment);
1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49(1) and the main sentence of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Determination on the assertion by the Defendant and his/her defense counsel under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes
1. There is no fact that the victims of the assertion committed the act as stated in the facts constituting the crime.
2. The judgment is based on the evidence duly adopted and examined by the court as follows.