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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
On August 25, 2019, at around 00 00:0, the Defendant 514, the Defendant her drinking alcohol in the same place as the victim C (Gain, n, 25 years of age) who her drinking alcohol in front of the square in the Yan-si of Gangseo-si, the front of the square in front of the Yan-gu in the Yan River, and the victim her friendship with D.
At around 04:45 on the same day, the Defendant confirmed that B and the victim, who completed the drinking place, entered the Embel F, which is the common lodging place of the Defendant and B, and returned to the victim's friendship D and her motherel. After leaving the spoking, the Defendant returned from the spoking to the above spoking at around 06:30, and at around 06:51, B went back to the above spoking and entered the above spoking with a convenience store, and had sexual intercourse by inserting the Defendant's sexual organ into the part of the victim's drinking body.
Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or impossible condition.
Summary of Evidence
1. Application of each police protocol protocol of interrogation of the defendant against the defendant in the interrogation protocol G of the suspect in the prosecution against the defendant in the interrogation protocol G, each police protocol of each police protocol of the defendant in the interrogation protocol of the defendant in the prosecution as to C, B, and D, investigation report (related to CCTV image data) received by the
1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):
1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. An order to disclose and notify information, and an order to exempt employment restriction from a sexual crime, Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); the Act on the Protection of Children and Juveniles against Sexual Abuse.