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A defendant shall be punished by imprisonment for one year.
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
At around 04:20 on August 6, 2017, the Defendant: (a) and six other members, together with the victim C (the 24 years of age) and Eiart 105 in Gangwon-si D, who were divingd, and was in the back of the victim, using the fact that the above victim was under the influence of alcohol and was in an impossible condition to resist; (b) knife the victim’s chest with the victim’s chest, and knife the knife with the victim’s chest, and knife the knife into the panty of the victim; and (c) knife the victim’s knife with the victim’s knife with the knife.
Accordingly, the Defendant committed an indecent act against the victim by taking advantage of the fact that the victim was unable to resist because he was under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the police statement protocol law to C
1. Relevant Articles 299 and 298 of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 16(2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.
In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that the Defendant may suffer, the preventive effect and effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victim, etc., personal information is 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 Act on the Protection, etc. of Children against Sexual Abuse.