Text
Defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 5, 2015, the Defendant, at the residence of the Defendant, 310 of the C-dong, Gwangju Mine-gu, 14:40, had sexual intercourse with the victim using the victim’s state of inability to resist, by inserting his or her sexual organ into the victim’s sound part of the victim’s body, she was under diving with the victim’s breath alcohol, and she was under diving with the victim’s her own clothes, and she was released from his or her clothes, and her fingers, and inserting her fingers twice into the victim’s sound part of the victim’s sexual organ, and inserting her sexual organ into the victim’s sound part.
Summary of Evidence
1. Any statement made by the defendant in compliance with this Act;
1. Statement prepared by the assistant judicial police officer to make a statement suitable for such statement;
1. Application of each statute described in the text message details and the text message content of IMSs (sms) to the relevant statute;
1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following extenuating circumstances among the reasons for sentencing shall be considered);
1. Article 62 (1) of the Criminal Act suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 of the same Act), such as where the accused committed the instant crime once
1. Grounds for sentencing under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;
2. The scope of recommended sentences according to the sentencing guidelines [decision of types of punishment] the general criteria for rape (subject to the age of 13) (subject to the age of 13) and the general rape (subject to the age of 1) (subject to the special rape) (subject to the scope of recommending punishment], two years and six months to five years (general area).
3. Determination of sentence: Imprisonment with prison labor for not less than two years and six months, and the suspension of execution for not less than four years, such as engaging in sexual intercourse with a victim under the influence of alcohol, etc., and the nature of such crime is not good;