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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.
Reasons
Punishment of the crime
The defendant became aware of the victim C (at 39 years of age) who worked in a singing room, and became aware of the victim's mobile phone number by playing together with the victim at approximately three singing rooms.
The Defendant, around January 13, 2017, 12:18, in front of E located in Dobong-gu Seoul Metropolitan Government D, to the victim.
On the same day, at around 13:00 on the same day, the victim was drinking food, and the victim was brought to the house of the defendant.
On January 13, 2017, at around 13:14, 2017, the Defendant: (a) 102-dong 1703 of the Defendant’s apartment 102-dong 1703 of Dobong-gu Seoul Metropolitan Government, left the Defendant’s house with the inside of the victim; (b) intending to rape the victim with the inside of the Defendant’s house; and (c) her own mind in a state of 2 remaining masts; (d) obstructed the victim from spreading the victim with approximately 3-4 minutes force; and (e) led the victim from leaving the victim’s bar and panty, and (e) attempted to commit rape with the victim’s bar.
In this regard, the purpose of escape is not to achieve the wind, but to have attempted.
Summary of Evidence
1. Statement of the defendant in the first trial record;
1. Statement made by the police with regard to C;
1. 112 A list of reported cases;
1. Application of Acts and subordinate statutes to each investigation report (on-site reports, CCTV image analysis, internal photographs of apartments and attaching floor plans, and statements of employees of the management office related to the defendant);
1. Articles 300 and 297 of the Criminal Act concerning the facts constituting the crime;
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 shall be considered for 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 an order of 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 against Sexual Abuse (the Defendant’s act of committing his/her offense is divided and against his/her own offense);