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A defendant shall be punished by imprisonment for not less than three years and six months.
The defendant's registered information is registered through an information and communications network for five years.
Reasons
Punishment of the crime
At around 22:00 on September 15, 2012, the Defendant: (a) directed the victim to rape; (b) forced the victim into a toilet located adjacent to the entrance; and (c) took the victim’s face and line with the victim’s face and line; (d) took the victim’s clothes from the victim’s resistance to the victim’s front seat and clothes; and (e) took the victim’s clothes and clothes by forcing the victim to sit in the victim’s front seat and clothes; and (e) put the victim’s sexual organ into the part of the victim’s sound part once, inserted the victim’s sexual organ into the part of the victim’s sound part, after he forced the victim to sit in the victim’s front seat and clothes, which are operated by the Defendant’s wife C (the age of 33).
Accordingly, the defendant raped the victim's kinship.
Summary of Evidence
1. Defendant's legal statement;
1. Statement by the prosecution against C;
1. Each police statement of C;
1. Extraordinary table (2nd unit and number) for appraisal;
1. A complaint;
1. On-site photographs;
1. Certified copies and family relation certificate;
1. Application of Acts and subordinate statutes to investigation reports (verification as to whether a field photograph or a Kakakao Stockholm message was sent to the victim's other toilet door);
1. Article 5 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 297 of the Criminal Act concerning criminal facts;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 37 (1) 1 and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Public Order;
1. Reasons for sentencing under Article 41 (1) 1 and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against which an order to notify is issued;
1. The scope of applicable sentences: Imprisonment for a period of three years and six months to fifteen years;
2. The scope of sentence recommended on the sentencing guidelines: the range of sentence recommended on the sentencing guidelines: imprisonment of 3 years and 6 months to 5 months [type of crime] sex crimes, general standards, rape (subject to 13 years or more of age), Type 2 (Rape by Relatives) (special-specing) mitigated elements: the mitigated range of punishment [the scope of recommendation] mitigated range; imprisonment of 3 years or more.