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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 four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant and the victim B(n, 24 years old) are between universities-friendly districts.
On April 29, 2018, the Defendant, along with the victims and their relatives who had been in a long time after the leave of absence, she drinking alcohol with her natives and her friendships, was asked by the victim at his/her own room on April 30, 2018, but the Defendant was asked by the victim to re-consign it at the victim's own room on April 30, 2018, but the Defendant refused to do so, "it is not possible to do so," and that he/she would do so at the soup bank.
Around 02:00 on April 30, 2018, the Defendant: (a) at an insurted room located in the “Cel” above, (b) reported the appearance of the victim, (c) she was able to make a quasi-rape of the victim; (d) she was fright off the victim’s panty; and (e) she was fright off the victim’s panty; and (e) she was fright off the victim’s panty; and (e) she was fright up the victim’s panty; and (e) she was inserted into the victim’s negative part
Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's potential to resist.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made by the prosecution against the victim B;
1. Details of DNA letters, CDs, site, CCTV photographs, and CCTV moving images;
1. Application of Acts and subordinate statutes to investigation reports (suspect submission, audio-recording files and transactions of telecoms);
1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;
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;
1. Where a judgment of conviction becomes final and conclusive on the facts constituting the crime stated in the judgment on personal information of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information
The punishment of sexual crimes exempt from disclosure and notification orders and employment restriction orders.