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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
The Defendant, while drinking 10 alcohol such as friendly F, etc. at the “E pension” located in Gyeongnam-gun, was aware that the Defendant was under the influence of alcohol and was able to commit indecent acts and rape against the victims with the desire to commit indecent acts and rape. The Defendant knew that she was under the influence of alcohol, and knew that she was under the influence of alcohol such as friendly F, 24 years old, and H (25 years old).
1. On May 3, 2015, the Defendant, at around 04:15, opened a door that was not corrected in the above Epentashion 2 room and intruded into such a plan. On the other hand, the Defendant got off the victim G, who was under the influence of alcohol, and opened the hand back to the victim G, and opened the her panty with the victim’s panty, and her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her
As a result, the defendant invaded into the room possessed by the victim, and the person under the influence of alcohol committed an indecent act against the victim by taking advantage of the victim's failure to resist.
2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape-rape) committed an indecent act against G by intrusion into the room at the time and place set forth in paragraph (1), and committed an indecent act in the said place, and then set off the victim H, who was divingd next to it, to the lower part of the victim’s panty and panty typbuck, and inserted the Defendant’s sexual organ into the victim’s negative part.
Accordingly, the defendant invaded into the room possessed by the victim, and the person who was under the influence of alcohol had sexual intercourse with the victim by using the victim's failure to resist.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of the I, F, H, and G;
1. Police seizure records;
1. Application of Acts and subordinate statutes to report internal investigation (in relation to the measures to be taken on the spot), each investigation report (in relation to a site chief investigation and a response to requests for appraisal by the State);
1. Relevant legal provisions concerning facts constituting an offense, and Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319(1) and 299 of the Criminal Act.