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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 May 19, 2017, the Defendant, at the drinking house located in Chungcheongnam-si, Chungcheongnam-si, Gyeong-si, Gyeong-gu, and the Defendant, together with the Defendant’s friendship D and the victim E (the life, the age of 24) who is the seat of the drinking house, was locked by moving the drinking house to the studio of the above D.
At around 03:30 on the same day, the Defendant got sexual humiliation to the victim who was divingd from the defendant's side and panty of the victim, and put the defendant's finger into the part of the victim's sound at around 03:30.
As a result, the Defendant committed a similar rape by taking advantage of the victim's mental or physical loss or resistance impossibility, resulting in a debrisoning of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. 112 Reporting case handling table;
1. Statement made by the police with respect to E;
1. G statements;
1. Voluntary accompanying reports, internal investigation reports (limited to attachment of field photographs), investigation reports (limited to H message sent to the victim by the victim), and investigation reports (limited to the ratio of suspect's name of the crime);
1. Written response to a request for appraisal;
1. Application of each statute on photographs;
1. Relevant Articles 299 and 297-2 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 main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;
1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, 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 Defendant has no criminal history of the same kind; and the background, method, etc. of the instant crime)
It is difficult to conclude, only the sentence of imprisonment to the defendant, the registration of personal information, and the lecture order for treatment of sexual assault.