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A defendant shall be punished by imprisonment for not more than ten 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
Criminal facts
around 01:00 on May 8, 2017, the Defendant got off the victim’s head from D public bars located in Gangseo-gu Seoul Metropolitan Government and from D public bars with E (60) sexual intercourse with the victim E (60).
In this respect, the defendant carried dangerous objects and put two parts of the number of days of treatment to the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement protocol with respect to E;
1. A protocol concerning the interrogation of suspect with respect to F;
1. Application of Acts and subordinate statutes to photographs damaged;
1. Articles 258-2 (1) and 257 (1) 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 reason for sentencing under Article 62-2(1) of the Criminal Act for the observation of protection and observation (the crime of special injury under Article 258-2 of the Criminal Act is not set with sentencing guidelines) is not good in light of the form, risk, etc. of the crime in this case. However, although the defendant committed the crime in this case, the defendant's mistake in the course of committing the crime in this case is divided with the victim, there is no previous conviction exceeding the fine, the defendant's age, sexual behavior, environment, motive, means and consequence of the crime in this case, and all the conditions of sentencing as shown in the theory of the following changes, such as the records and changes of the crime in this case shall be determined as the order.