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A defendant shall be punished by imprisonment for three years.
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
On May 18, 2014, at around 04:05, the Defendant reported the Victim F (F) who returned home under the influence of alcohol in the front of Yongsan-gu Seoul, Yongsan-gu, Seoul, to the victim, and followed the victim, “I want to meet. I want to do so only once. I are Mana, I are Mana, I are Mana. I will Mana, I will Mana, I will Mana, I will am at the home, and the victim refused to do so.” The Defendant saw the victim as “I am at the house of his length. I will go to the victim’s house.” The Defendant saw the victim’s door by cutting the victim’s shoulder, booming the victim’s shoulder, and boomed the victim with the victim, and confirmed that the victim was unable
On May 18, 2014, at around 04:55, the Defendant got knekelel kelelelelel, and put the victim’s sexual organ into the victim’s entrance, and continued to be off the victim’s will and panty, added the victim’s sexual organ into the victim’s quality, and raped the victim in a state of inability to resist by inserting the victim’s sexual organ into the victim’s quality.
Summary of Evidence
1. Defendant's legal statement;
1. Legal statement of the witness H;
1. The prosecutor's statement concerning the F;
1. Results of on-site inspections;
1. Application of each internal investigation report, investigation report (in response to requests for appraisal), investigation report (in compliance with the electronic comparison), CD Chapter 14 Acts and subordinate statutes;
1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;
1. Article 62 (1) of the Suspension of Execution Criminal Act ( Taking into account factors of sentencing favorable to the accused among the reasons for sentencing following the following reasons);
1. The main sentences of Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. Social service order under Article 62-2 of the Criminal Act;
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 are an initial criminal who has no record of criminal punishment. In this case, the fact that only the registration of personal information and attending a course of sexual assault treatment can have the effect of preventing recidivism by the accused, and that is, otherwise.