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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 a period of three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 11, 2017, between around 22:50 and around 23:10, the Defendant: (a) at the house of the victim E (a) located in Chungcheongnam-si; (b) caused the victim from the back of the victim having the test gate; (c) placed the victim on the bed; and (d) placed the victim on the bed by fasting the victim’s body; (c) tightly tightly tightly tightly tightly tight the victim’s body; and (d) tightly tight and kis the victim’s body against the victim’s body; and (e) forced the resistance of the victim to keep the victim from suffering; and (e) cut off the victim’s load; and (e) tighted the victim’s body against the Defendant’s sexual organ resistance; and (e) inserted the victim’s sexual organ into the sexual organ into the victim’s body.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the prosecution against E;
1. Application of Acts and subordinate statutes to each investigation report (related to F message) (referring to the case of attaching field photographs);
1. Article 297 of the Criminal Act concerning the facts constituting the crime;
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. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;
1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the disclosure or notification order of personal information may have a significant impact on the defendant; the defendant has no record of sex offense; the crime of this case is not intended for an unspecified number of victims; and the defendant's age, occupation, family environment, social relationship, etc. can prevent recidivism only by registering personal information of the defendant and taking lectures to treat sexual assault;
In full view of the fact that there are special circumstances in which disclosure of personal information of the defendant should not be disclosed.
The decision is judged.