유사강간
A defendant shall be punished by imprisonment for not less than one year and six months.
To order the defendant to complete a sexual assault treatment program for 40 hours.
Punishment of the crime
On September 24, 2017, at the 1st floor parking lot near the Daegu Suwon-gu C building, the Defendant, following the victim D (Inn, 20 years of age) who had drinking and drinking alcohol at the same time, led the victim to the studio parking lot, opened the victim to the studio and panty, and made the victim come to the studio, and made the victim go to the studio parking lot, and made the victim go to the stude and panty of the defendant, and made the victim go to the string of the victim "I am soon after the stude and quickly Ra", and made the victim go to the string of the victim's head by putting the victim's head into the string of the victim's head, and putting the victim's sexual flag into the string of the victim's head, and made the victim quickly for about ten minutes.
As a result, the Defendant committed an act of inserting sexual organ into the victim's mouth by assault.
Summary of Evidence
1. Statement of the defendant in the first trial record;
1. Statement made by the police against D;
1. Compulsory investigation report on indecent acts;
1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;
1. Relevant Article 297-2 of the Criminal Act concerning criminal facts;
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 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 Committed to Order;
1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles from Sexual Abuse (limited to the Defendant who committed the instant crime as long as the Defendant had no record of crime previously committed, and thus, committed the instant crime, there is a risk of recidivism or recidivism of sexual assault against the Defendant;
It is difficult to conclude that the effect of preventing recidivism can be limited to the execution of imprisonment with labor for the defendant, registration of personal information, and completion of sexual assault treatment programs.
In light of all circumstances, such as the defendant's age, family environment, social relationship, etc., the disclosure and notification order is compared to the disadvantage and anticipated side effects that the defendant will suffer.