Text
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 17, 2017, the Defendant: (a) was under the influence of 07:20 at a main station located in Scambling C on August 17, 2017, and was under the influence of 42 years of age) and drinking to the victim, who is an employee; (b) but the victim refused to do so; (c) was divided into the victim’s chest with his left arms, pressure the victim’s resistance; and (d) took the Defendant’s fingers over three times in the part of the victim’s resistance.
In this respect, the Defendant raped the victimized person.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes to report internal investigation;
1. Relevant Article 297-2 of the Criminal Act concerning criminal facts;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;
1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 (the following sentencing grounds are highly likely to recommit a sexual crime in light of the circumstances favorable to the sentencing grounds, the circumstances leading up to the instant crime, etc.
In full view of all the circumstances, such as the benefits and prevention effects expected by the disclosure or notification order to the defendant, and the disadvantages and side effects of the defendant's personal information, there are special circumstances that the disclosure or notification of the defendant's personal information should not be made.
The reason for sentencing
1. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and
2. The scope of recommended punishment according to the sentencing guidelines [the types of decisions] the scope of punishment [the scope of recommended punishment] [the scope of punishment [the scope of recommendation] [the general criteria for sex offenses (subject to more than 13 years of age] and the scope of punishment for rape (general rapes)] (the maximum and minimum limit of type 1 shall be mitigated to 2/3 since they constitute adult similar rapes] [the scope of recommendation].