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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
On December 22, 2015, the Defendant: (a) around 22:00 on Cheongju-si, and around 22:0, at the head of Dong-gu, Dong-gu, Seowon-si, and (b) around 22:0, the Defendant left the family of the victim E (V, E, 29 years of age) by walking the victim’s remains, and laid off the victim’s chest, and laid down his finger during the victim’s sexual flag.
As a result, the defendant committed an act of inserting part of the body in the victim's sexual intercourse by using the victim's resistance impossible condition.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Protocol and list of seizure;
1. Response to a request for appraisal;
1. Statement of opinion;
1. Application of Acts and subordinate statutes to recording notes;
1. Relevant Articles 299 and 297-2 of the Criminal Act concerning the facts constituting an offense;
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 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 Juveniles from Sexual Abuse (the defendant has no record of punishment for any sexual crime and thus is at risk of recidivism or recidivism of sexual assault as he/she has no record of punishment for any sexual crime);
It is difficult to conclude that the effect of preventing recidivism can be expected to some extent only with the sentence of the Defendant and the completion of the sexual assault treatment program.
In full view of other circumstances such as the profits expected by the disclosure notification order of this case and the preventive effects, disadvantages and side effects resulting therefrom, there are special circumstances in which the personal information of the defendant may not be disclosed or notified.
If a conviction against a defendant who has registered new information becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and personal information is personal information in the competent agency pursuant to Article 43 of the same Act.