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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant and the victim C (the ages of age 21) have come to know from May 2016 at the same place, and the Defendant and the victim came to know. On November 5, 2016, the Defendant and the victim talked that they would drink a drinking in the her toneel while drinking the drinking at the her tonetoto, and drink the drinking at the her tonetoto, and then drink in the her tone to the victim, the victim, D and her male-gu and the Feltoum room in Seocho-gu Seoul Metropolitan City E.
Since then, D and her male-parents went to another room, while the defendant was drunk, the victim was locked while drunk, and the victim was bread while drinking, and the victim's chests and drinking together.
At around 03:00 on November 6, 2016, the Defendant: (a) put the victim’s chest into the victim’s hub line; (b) put the victim’s chest into the victim’s boom; and (c) put the victim’s fingers into the victim’s rade and panty line; and (d) put the fingers into the victim’s negative part.
Accordingly, the Defendant committed similar rape with a victim in a state of incompetence, which was under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. The legal statement of the witness C;
1. Descriptions of photographs and the application of video-related Acts and subordinate statutes by cutting down the details of the conversation between the victim and the victim;
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 favorable circumstances):
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 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 (in such cases, the effect of preventing recidivism may be expected to a certain extent only by registering personal information and taking lectures to treat sexual assault;
I seem to appear.
In addition, due to the defendant's age, family environment, the background of the crime of this case, and the disclosure and notification order.