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A defendant shall be punished by imprisonment for not less than two years and six months.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
On June 22, 2019, at around 12:00, the Defendant left the 1st underground floor B of Gangnam-gu Seoul, Seoul, and brought the son of the victim D (one person, female, 38 years of age) who is an employee of the said establishment, to her gender, brought the son of the victim D (one person, the son, son, 38 years of age) to her gender, and brought the victim to her gender. However, when the victim refused to do so, the victim was deprived of the her clothes of the victim, and her chest was broken by her entrance.
As a result, when the victim denies and denies the defendant, the defendant took the face of the victim by hand, and the escape gets out of the victim, and then the victim's face, etc. is turned out to the victim by hand, and the victim suffered bodily injury, such as obscencies, pelviss, and tensions, which require about three weeks of treatment, and tensions and tensions in detail.
Accordingly, the defendant forcedly committed an indecent act against the victim and injured the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness D;
1. Investigation report and investigation report (to telephone conversations of persons for reference);
1. A written diagnosis of injury;
1. Application of Acts and subordinate statutes to photographs damaged;
1. Relevant Articles of the Criminal Act and Articles 301 and 298 of the Criminal Act concerning 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 information, the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); and the Defendant cannot be readily concluded that there is a risk of recidivism or recidivism of sexual crimes against the Defendant in light of the fact that the Defendant has no criminal record of such crimes; and the circumstances leading up to such crimes.