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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 three years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
The defendant is a person who operates a 'C' 'C' in the South-west Sea Zone B.
The defendant at around 23:00 on May 23, 2020, the defendant reported that the victim was divingd from the bend under the influence of alcohol while he was under the influence of alcohol and that the victim was under the influence of alcohol, and that the victim was under the influence of alcohol, while he was under the influence of alcohol, he was under the influence of alcohol and was under the influence of the victim's chest.
In spite of the fact that the arms of the victim were divided into the arms of the victim, the victim's resistance was prevented, and the victim's panty was exempted from the victim's panty, and the defendant's finger was collected into the sound part of the victim.
As a result, the defendant committed violence to put the body such as the defendant's fingers, etc. into the victim's sexual organ.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with respect to D;
1. 112 Reporting case handling table;
1. A protocol of seizure and a list of seizure;
1. Each internal investigation report and investigation report (including accompanying documents, etc.);
1. Application of Acts and subordinate statutes to gene appraisal certificates;
1. Relevant Article 297-2 of the Criminal Act concerning criminal facts;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
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. In light of the Defendant’s exemption from disclosure order and notification order, occupation, risk of repeating a crime, motive of the instant crime, method of the crime, seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victim, etc., there are special circumstances that may not disclose and notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019).