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A 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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Around March 2014, the Defendant started part-time service at a restaurant where the victim C (n, 18 years of age) was working for the Defendant, and came to know of the said victim, and had sexual intercourses with the victim about six times from that time.
1. At around 04:00 on April 15, 2014, the Defendant: (a) listened to the horses of the victim from his/her staff member in Yeonsu-gu Incheon, that he/she talks with another male; (b) at around 04:30 on the same day, at the victim’s house located in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, the Defendant expressed the victim’s desire to “pack the same garbage for the first time; (c) he/she saw it; (d) he/she takes the victim’s her face; (d) taken the victim’s cell phone; (e) taken the victim’s cell phone; (e) taken the victim’s her part in the wall; (e) taken the victim’s face; (e) taken the victim’s face; and (e) took part in the victim’s face; and (e) took part in sexual intercourse once by coercing the victim’s panty; and (e) took part in sexual intercourse.
2. At around 09:00 on the same day, the Defendant: (a) asked the victim that the victim occurred, “I wish to do so,” and (b) asked the victim to “I do not want to do so; (c) one arms of the victim in his hand; (d) the victim kiss the shoulder of the victim with another hand; (e) the victim does not want to do so; and (e) the victim does not want to do so; and (e) the victim was forced to do so by suppressing resistance and having sexual intercourse with the victim once.
As a result, the defendant raped the victim who is a child or juvenile twice.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of C;
1. A medical certificate;
1. Application of the victim's panty photographs Acts and subordinate statutes;
1. Article 7 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which shall provide the corresponding legal provisions and the choice of punishment for the crimes;
1. Of concurrent crimes, entry of Article 37 (former part), Article 38 (1) 2 and Article 50 (1) of the Criminal Act is heavier than that of concurrent crimes;