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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 19, 2017, the Defendant received a report on sexual assault damage at the ASEAN University Hospital located in Youngwon-si, Youngwon-si, Youngwon-si, 164, and received a survey on the status of the victim from female juveniles and the victim on August 28, 2017.
The purport of the Defendant’s report on sexual assault and statement is that C’s report on sexual assault was a request for punishment for rapeing the Defendant after suppressing the Defendant’s resistance against the Defendant’s body, which read that “The Defendant’s bridge was blicked on July 2017 and twice around August 19, 2017, by punishing the Defendant’s body and taking part in the Defendant’s body.”
However, the defendant has sexual intercourses over two occasions with the consent of C, and C did not have sexual intercourses with the defendant on two occasions.
Accordingly, the Defendant, as seen above, brought C with the aim of having C receive criminal disposition.
Summary of Evidence
1. Partial statement of the defendant;
1. The legal statement of the witness C;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. The written statement of the defendant;
1. A criminal investigation report (the details of the Kakao Stockholm dialogue between the victim and the victim), the screen screen of the Kakao closures;
1. A investigative report (CCTV verification and investigation), and a screen of the cstif-off screen;
1. Investigation into confirmation of victims' past cases;
1. Determination on the assertion of the Defendant and the defense counsel
1. The gist of the argument is that the defendant's complaint is not against objective facts, and the defendant did not have any intention to commit an innocent crime, since the defendant was sexually related against the defendant's will.
2. Comprehensively taking account of the following circumstances revealed by the evidence revealed earlier, C was raped upon the Defendant’s knowledge that the Defendant was not the same as the facts charged.
It can be sufficiently recognized that it has been dismissed.
(1) A deceased person C becomes aware of his/her phone number for the first time from an investigative agency to this court, and contact with the defendant on July 2017.