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A defendant shall be punished by imprisonment for one year.
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
At around 07:00 on December 10, 2016, the Defendant reported that the victim E (the 24-year-old) who is the above main customer was under the influence of alcohol and was under the shock so that he was under the influence of shock, and included the fingers in the sexual string.
Thus, the defendant was raped by taking advantage of the state of resistance impossibility of the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes to an investigation report (Attachment of the result of a request for appraisal), each request for appraisal, reply to a request for appraisal (legal chemical appraisal and gene appraisal);
1. Relevant Articles 299 and 297-2 of the Criminal Act concerning the facts constituting an offense;
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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;
1. 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 orders, 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 (the defendant does not have the same criminal record, and the defendant does not have the same criminal record and is likely to reduce the risk of recidivism by taking part of the defendant’s personal information registration and taking part in sexual assault treatment lectures.
Therefore, in cases where a conviction becomes final and conclusive on the facts constituting a crime in which the personal information of a defendant is registered in comparison with the preventive effect and side effects expected by an order of disclosure or notification to the defendant, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.
Reasons for sentencing
1. One year to fifteen years from the imprisonment with prison labor within the applicable range;
2. The sentencing criteria shall be set.