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A defendant shall be punished by imprisonment for not less than eight months.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
around 23:00 on January 4, 2016, the Defendant drinking alcohol together with the motives overseas, including the victim B (the victim B, 24 years of age) in Jongno-gu Seoul. On January 4, 2016, the Defendant left the victim under the influence of alcohol into the house of Jongno-gu Seoul building and the defendant in the bed of the victim in the bed, and the chest of the victim under the bed in the bed in the bed and down of the bed. The Defendant exceeded the panty and exceeded the victim’s sexual organ.
Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.
Summary of Evidence
1. Legal statement of the witness B;
1. A criminal investigation report (related to the victim’s B currency), and a criminal investigation report (the victim’s defense counsel and a monetary report);
1. Application of the Acts and subordinate statutes to photographs and generation-day photographs by capturing E-mail messages;
1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;
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 order to disclose or notify, and 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 is the primary offender, and the instant crime alone has the tendency of a sexual crime against an unspecified victim;
In full view of the fact that it is difficult to see the Defendant’s sentence, sentence of imprisonment, registration of personal information, and order to complete a sexual assault treatment program, the Defendant’s age, environment, social relationship, risk of repeating a crime, characteristics of the instant crime, prevention of sex crimes that may be achieved by an order to disclose or notify information, effect of protecting the victims, disadvantage of the Defendant and anticipated side effects, etc., there are special circumstances that need not disclose or notify the Defendant’s personal information.
[Determination]
1. The Act on the Protection of Children and Juveniles against Sexual Abuse who are exempted from employment restrictions orders;