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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 04:00 on September 20, 2014, the Defendant first viewed the Victim D (the age of 26) (the age of 26) who was in a state of drinking and drinking together with C at a singing room in Seoul Newcheon-gu, Seoul, upon contact with C, who was known to him, and went to the singing room.
The Defendant: (a) sent the victim to the Felel located in Gangdong-gu Seoul Metropolitan Government E, sent the victim to the Felel; and (b) had the victim feel under the influence of alcohol in the above Mour’s vesium; and (c) had the victim feel sexual intercourse with the victim.
At around 05:00 on the same day, the Defendant tried to have sexual intercourse with the victim by cutting off her panty and cutting off her panty clothes and inserting her inner clothes, and inserting her sexual organ behind the victim. However, the Defendant did not have attempted to have his her her crypted and resisting her cryp, even if she was fright from diving.
Accordingly, the defendant attempted to have sexual intercourse with the victim by taking advantage of the victim's mental or physical disability or non-performance state.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness D and G;
1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;
1. Application of the provisions of this Act to the closure of each suspect-appellant Kakaook and to the closure of each C-Look between the complainants
1. Articles 300, 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 (The following consideration shall be made again for the reason of sentencing);
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
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 a notification order; 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 registration of personal information and the treatment of sexual assault.