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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 of the final judgment.
Reasons
Punishment of the crime
At around 17:30 on November 1, 2013, the Defendant: (a) stated the documents at the president’s office of the Defendant’s operation of the Defendant in Pakistan-si; (b) had the victim E (n, 47 years of age) entering the president’s room be raped; (c) had the victim go beyond twit lease in the place where the victim was pusheded; (d) had the victim go against her body fright, and (e) prevented the victim resisting with her body knee by dividing the two arms used by the victim into knenee; and (d) forcedly, the Defendant tried to have the victim go off from the lower part of the victim’s panty and panty, and rape the victim by committing sexual intercourse with another employee returning from the outer part of the bee, but did not go to such an attempted crime; and (e) caused the victim’s stroke in a stroke in need of medical treatment for about 14 days.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E and F;
1. Application of Acts and subordinate statutes to report on investigation (Submission of a medical certificate for a victim);
1. Relevant Articles of the Criminal Act and Articles 301, 300, and 297 of the Criminal Act concerning the crime;
1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);
1. Article 62 (1) of the Criminal Act (The following factors for sentencing have been repeatedly taken into consideration for the defendant);
1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., of orders to provide community service and attend lectures;
1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, other than six times a fine for this type of fine, cannot be readily concluded that a defendant has the risk of recidivism of sexual assault as well as other criminal records, and thus, the risk of recidivism of sexual assault is difficult. In this case, the personal information registration and participation in the sexual assault therapy can only be seen as having the effect of preventing recidivism by the defendant