Text
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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 14:30 on July 17, 2013, the Defendant, at the bus stops near the D market located in Suwon-si, Suwon-si C, provided that the victim E (19 years of age, female) first was informed of telephone numbers to the victim and provided contact numbers to the victim.
1. On July 19, 2013, the Defendant: (a) made a false statement that “The Defendant had a gift to him; (b) had a gift to him; (c) had a gift to him; and (d) taken the victim into the house of the Defendant in G 204.”
Accordingly, the defendant enticed the victim for the purpose of sexual intercourse.
2. The Defendant, at around 19:30 on July 19, 2013, committed an indecent act by compulsion, by force, committed an indecent act by force against the victim on the part of the victim, stating that “I will not leave a club, if I want to do so. I will not see male-gu and dial-a-gu. I will not see that I will do so. I will do so. I will not see the male-gu and dial-a-be. I will not do so.”
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of field photographs and respective Acts and subordinate statutes;
1. Article 288 (1) of the Criminal Act and Article 298 of the Criminal Act concerning the relevant criminal facts, the choice of punishment (the occupation of inducement for the purpose of adultery), and Article 298 of the Criminal Act;
2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
3. Article 62 (1) of the Criminal Act;
4. Probation of the Criminal Act;
5. Grounds for sentencing under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. One year to fifteen years from the imprisonment with prison labor for a prison labor within the scope of punishment by law;
2. Application of sentencing standards
(a) The mitigated element of the crime of inducing sexual intercourse (determination of type) where the abduction and inducement are made only for the purpose of abduction and inducement: the amount of punishment is not imposed.