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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of a sentence shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. A quasi-Rape: (a) on July 18, 2018, the Defendant discovered the Victim F (Gain, Hain, 19 years old) who was divingd by drinking while enjoying the event at a nuclear power plant; (b) found the Victim D to have his/her left hand on several occasions; and (c) added the Victim F (Gain, Hain, 19 years old) into the part of the Victim’s drinking; (d) added the Victim’s drinking to the part of the damaged; (b) cut back the Victim’s knick; (c) added the Victim’s knife to the part of the Victim’s drinking; and (d) added the Victim’s finger to the part of the Victim’s drinking.
Accordingly, the defendant used the victim's resistance impossible condition to resist, thereby committing similar rape.
2. On July 18, 2018, the Defendant: (a) at the same place as the foregoing 1.39 on July 18, 2018; (b) while committing similar rape with the victim, the Defendant: (c) caused the victim to engage in sexual intercourse with a limited and limited place; (d) caused the victim to have sexual intercourse with the victim; and (e) caused the victim to have sexual intercourse with the victim, and (e) was removed from the police officer called upon receiving a report of approximately 80 meters prior to G apartment 109 at the time of the original State.
Accordingly, the defendant attempted to capture the victim for the purpose of sexual intercourse.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with respect to F;
1. Application of Acts and subordinate statutes of the investigative report (Evidence No. 12, 17)
1. Articles 299, 297-2 (a quasi-Rape), 288 (1), and 294 of the Criminal Act concerning the crime;
1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes within the extent that the sum of the long-term punishments for two similar rapes prescribed by the heavier punishment);
1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200
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 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes subject to an order to disclose, notify, and restrict employment.