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A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 02:50 on February 28, 2018, the Defendant, at his own residence in Jinju-si, Da, and Ma (n, 30 years of age), drinked alcoholic beverages with his wife D and Ma (n, 30 years of age), and then, the Defendant: (a) went to the inner room; (b) went to the small room; and (c) went to the small room; (d) was under the influence of alcohol; (b) was under the influence of alcohol, and was under the influence of alcohol; (c) was able to engage in sexual intercourse between the victim and the victim; (d) was fluened with the victim’s chest on the part of the victim; and (e) inserted the victim’s body above the victim’s body into the negative part of the victim.
As a result, the defendant had sexual intercourse with the victim by taking advantage of the victim's potential state of resistance.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of the statutes of the response request for appraisal;
1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
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) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;
1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify 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 (an order to disclose or notify registered information may have a significant impact on the defendant, so it is necessary to pay careful attention to the defendant, and the defendant’s age, family environment, social relationship, etc. can prevent recidivism even by taking lectures on the registration of personal information, community service, and sexual assault treatment of the defendant;
The defendant seems to have committed a crime, and the injured party shall be punished by the defendant by making a smooth agreement with the victim.