Text
1. The defendant shall be punished by imprisonment for two years;
2. Provided, That the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
Defendant
In addition, on August 28, 2014, the person requesting probation order (hereinafter referred to as the "defendants") and the victim H(23 years old) who was returning home while going to a "G" club located in Ansan-si F around the new wall around the new wall of the Sinsan-si around the new wall of August 28, 2014, and his friendship I and their friendship I, and became aware of the victim first as he was transferred to the "K" station located in the J of the Dong-gu, Ansan-si.
On August 28, 2014, at around 04:25, the Defendant: (a) while drinking a victim, E, I, and alcohol and playing a game; (b) had the victim go to the toilet; (c) had a mind to rape the victim; (d) had the victim's shoulder, kid the victim's shoulder, and (e) had the victim go to the warehouse adjacent to a female toilet, and (e) had the victim go to the floor above the victim.
The Defendant continued to enjoy the body of the victim who is listed in the body of the victim, brought his panty with the Defendant’s will and panty, and took one hand the victim’s hand and panty with the other hand, led the victim to suppress the victim’s resistance, and sexual intercourse once with the victim.
Accordingly, the defendant raped the victim by assault.
Summary of Evidence
1. Defendant's legal statement;
2. Each police statement concerning H and L;
3. Each request for appraisal;
4. Application of each statute of photography;
1. Article 297 of the Criminal Act applicable to the crimes;
2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
3. Article 62 (1) of the Criminal Act;
4. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Training;
5. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification order of registered 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 deemed to have committed the instant crime with impulsely under the influence of drinking, and is punished for sex crimes.