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A defendant shall be punished by imprisonment for two years.
The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
The defendant and the person requesting attachment order of 2018 Gohap 19 (hereinafter "the defendant") committed an indecent act and similar rape by the victim's parents, who are disabled people, frequently flick the house of the victim, are unable to cope with the situation, and D had witness the scene of similar rape of the victim, and the defendant tried to commit an indecent act and similar rape.
In January 2018, the Defendant committed indecent act against the victim and rape in the house of the victim in F at the time of 2018, and intruded into the victim’s residence with the intent to commit similar rape. The victim, who was in the victim’s bed with the victim’s bed with the victim’s bed by inserting his hand into the victim’s matrts, putting his fingers into the victim’s sound part, and committing similar rape, such as in the list of crimes, he invaded into the victim’s residence two times more and less than 13 years old.
The summary of the evidence of the victim (the 11 years old at that time) who was the fifth grade of the elementary school at the residence of the F victim at the time of the 12017 Ga, the time and place method of crime inundation No. 1, 2017 Ga, in the beginning of January 2018, in which the fingers were inserted into the negative part, and the fingers were inserted into the negative part.
1. Partial statement of the defendant;
1. Each testimony of witness G, H and I;
1. Some statements made by the prosecution and the police (1, 3 times) against the accused in the suspect examination protocol;
1. Statement of victim made by the prosecution against C;
1. Each police statement made to I and H;
1. A report on the subject, the major contents of the message exchanged between victims, and the results of analysis of digital evidence;
1. 112 Opinion of experts in the processing of reported cases, welfare cards, and statement and analysis;
1. Video-recording CDs;
1. Application of Acts and subordinate statutes to each investigation report (the sequence 1, 13, 18, 20, 29, 30 of the evidence list);
1. Articles 305 and 297-2 of the Criminal Act (the occupation of similar rapes by minors) concerning the facts constituting an offense and Article 319 (1) of the Criminal Act (the occupation of intrusion upon residence and the choice of imprisonment) of the same Act;
1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act (the punishment and the punishment shall be added) for concurrent crimes.