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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
On March 31, 2018, the Defendant, at around 05:40 on March 31, 2018, performed the alcohol together with other guests, including the victim D (the victim, the 24 years of age). While the victim was under the influence of alcohol, the victim’s chest and the fluencing part of the victim’s body was fluenced, the victim’s body was divided into the victim’s body, the victim’s body was rejected, and the victim was pushed the Defendant’s body by hand, and the victim continued to talk with the victim’s chest, the ki, and the knife was added.
In this respect, the Defendant raped the victimized person.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Investigation report (in response to a request for appraisal (2018-M-7274) added thereto);
1. Application of Acts and subordinate statutes to a report on investigation (on-site photographing);
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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;
1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 16, 2018), Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018);
1. The personal information of the Defendant is disclosed in full view of all the circumstances such as the benefits expected by the disclosure or notification order and its preventive effect, disadvantages and side effects, etc. as well as the following: (a) Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure and notification order; (b) Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; (c) Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (no record exists for the Defendant to be punished for a sex offense; (d) the Defendant is deeply divided into and against the instant crime; and (e) Article 50(1) proviso of the Act on Special Cases Concern