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A defendant shall be punished by imprisonment for two years.
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 May 17, 2017, the Defendant, at around 00:00, performed alcohol such as the victim E (the name, the 23-year old age), who was a former workplace, at the residence of the Defendant at around D 103 at the time of the Gyeonggi Ethmbling. Around May 17, 2017, and the victim, who was unable to resist due to the influence of alcohol, placed his finger in the negative part of the victim, and had sexual intercourse with the victim once.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to E and F;
1. A gene appraisal report;
1. Application of the instant photograph-related Acts and subordinate statutes (the victim mobile phone and “G” conversation details)
1. Articles 299 and 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 shall be considered for the reasons for sentencing):
1. Article 62 (1) of the Criminal Act on the stay of 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 Aggravated Punishment, Etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse [the disclosure and notification order of registered information may have a significant impact on the defendant, so it is necessary to pay careful attention to such an order.
In light of all the circumstances, such as the Defendant’s age, sexual conduct, home environment, and social relationship, the crime of this case is not a sexual crime against many unspecified persons, but has no record of the same crime against the Defendant, the registration of personal information against the Defendant, and the fact that it seems that the Defendant could have an effect of preventing recidivism to a certain extent through taking lectures on the treatment of sexual assault. In addition, in light of the aforementioned circumstances, the disclosure notification order may not disclose and notify the Defendant’s personal information, such as the fact that the effect of preventing sexual assault crimes, which can be achieved by the disclosure notification order, appears to be relatively less than the disadvantages and side effects that