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A defendant shall be punished by imprisonment for three years.
However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 2013, the Defendant became aware of the Victim C (V, 20 years of age) who was living in the same building as a policeman, and contacted the victim several times, but did not receive the victim.
On November 30, 2013, the defendant, who was doing so, proposed to do so to the victim who returned home at around 04:30 on November 30, 2013, and drink together at a nearby main point, and reported the victim's satch.
On November 30, 2013, at around 05:40 on November 30, 2013, the Defendant was placed on the Defendant’s house located in Seo-gu Seoul Special Metropolitan City D 305, on the cryp, on the cryp, on the cryp, on the cryp, on the cryp, on the cryp, on the cryp., on the cryp., on the cryp., and on the cryp.
Therefore, the victim's body was raised and resisted, and the defendant was unable to resist the victim's body by double hand, and the victim was raped by inserting the defendant's sexual organ into the part of the victim's sexual organ once.
Summary of Evidence
1. Partial statement of the defendant;
1. C’s legal statement;
1. Each photograph;
1. Application of Acts and subordinate statutes to written appraisal;
1. Article 297 of the Criminal Act applicable to the crimes;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Article 62-2 (1) of the Criminal Act regarding community service order;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;
1. In full view of the following facts: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure order and notification order; (b) 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 degree and expected side effects of the Defendant’s disadvantage due to disclosure order and notification order; and (c) the Defendant’s personal information registration against the Defendant can be expected to have an effect of preventing recidivism; (d) it is deemed that there are special circumstances under which the Defendant’s personal information should not be disclosed