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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who was a superior to the victim B ( South and 41 years of age)'s workplace.
On May 7, 2018, from around 00 to May 05:00 on May 8, 2018, the Defendant: (a) pursuant to the D dormitory plan in the Cheongju-si Office C, the Defendant rancing the Defendant’s workplace and drinking together with the Defendant’s workplace members including the victim; and (b) carried the Defendant’s hand back to the victim’s back, who was divingd by panty panty, and carried the Defendant’s hand back to the victim’s panty; and (c) expressed his intention of refusal, the Defendant exceeded the victim’s panty, and laid down the victim’s sexual organ, and laid down the Defendant’s hand in the part of the victim’s resistance.
Accordingly, the Defendant raped the victim.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement in B;
1. Application of the Acts and subordinate statutes of photograph of the content of Epact with the suspect who has submitted the victim;
1. Relevant Article 297-2 of the Criminal Act concerning criminal facts;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order, notification order, and employment restriction order; 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; and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; it is difficult to readily conclude that the Defendant committed the instant crime only by committing the instant crime, such as having no record of a previous crime; the fact that the Defendant’s personal information registration against the Defendant and attending a course for sexual assault treatment can be seen as having the effect of preventing re-offending; the Defendant’s age, family environment, social relationship, method and consequence of the relevant crime;