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A defendant shall be punished by imprisonment for one year.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
[Criminal Power] On January 10, 2018, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for special injury, etc. in the branch court of the Busan District Court on August 10, 2018, and the judgment became final and conclusive on January 18, 2018, and is currently under suspension
【Criminal Facts】
The defendant is the owner of the main shop in the fourth floor of the Busan Hagu B building and the victim C (the victim, the 22 years of age) is the employee of the above main shop.
On November 5, 2018, at around 01:15, the Defendant: (a) inducedd the victim to leave after running the main store, and went into a room inside the main room; (b) led the victim to be pushed down; (c) led the victim to be pushed down; (d) led the victim to be spandeed into the victim’s panty; and (e) led the victim to be put into the victim’s panty; (d) put the fingers and clothes into the victim’s panty; and (e) put the victim’s chests and clothes into the victim’s chests; and (e) put the victim’s chests into the victim’s chest.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to C (tentatively named);
1. Investigation report (a CCTV investigation within the main point of "D") and investigation report (attaching the results of a flood appraisal with the State);
1. Previous convictions in judgment: Criminal records and replys to inquiries, and application of Acts and subordinate statutes to investigation reports;
1. Article 297-2 of the Criminal Act applicable to the facts constituting the crime;
1. Mitigation of discretionary mitigation under Articles 53 and 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;
1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and Article 49(1) proviso and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse do not constitute a sex offense against a criminal defendant. It is difficult to view that the criminal defendant is highly likely to commit sexual assault against an unspecified person in light of the details and method of the instant crime, the circumstances before and after
In the future, the registration of personal information and the treatment program for sexual assault against the defendant.