준유사강간치상
A defendant shall be punished by imprisonment for five years.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Punishment of the crime
[criminal records] The Defendant was sentenced to one year and four months of imprisonment for a crime of bodily injury resulting from continued confinement in Seoul High Court on January 24, 2014; the execution of the sentence was terminated on September 5, 2014; and the treatment and custody was terminated on September 7, 2015; however, the Defendant did not include the record of the crime and the repeated crime under the applicable law; however, it is not a criminal fact that does not constitute an aggravated crime, and even if it was written in the indictment (see Supreme Court Decision 71Do2004, Dec. 21, 1971). 【Criminal facts】 The Defendant resided in the victim D (the victim D, 69 years of age) located in Namyang City around March 7, 2017; and the victim and the victim were used in the coffee shop; and the victim and the victim were used in the coffee shop.
The defendant, while under the influence of alcohol, exceeded all clothes of the victim in a state of mental or physical loss, frightened the victim's chest, and laid down his fingers, etc. into the sexual flag and anus of the victim, and seriously displayed him.
As a result, the Defendant inserted fingers, etc. into the victim's sexual organ or anus with mental or physical loss, and thereby caused the victim to suffer injury such as the number of days of treatment.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness D;
1. Investigation report (the details of accompanying the victim's injury and diagnosis report, etc.), and diagnosis report;
1. A written request for genetic identification and a written request for appraisal;
1. A photograph of the damaged scene;
1. 112 Reporting case handling table;
1. Previous conviction in judgment: Application of Acts and subordinate statutes to inquire about criminal history, current status of personal confinement, and notification of the status of observation of protection prepared by a warden of observation of governmental protection;
1. Relevant Article of the Criminal Act and Articles 301, 299, and 297-2 of the Criminal Act concerning the selection of criminal facts;
1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. Exemption from an order of disclosure and notification;