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A defendant shall be punished by imprisonment for three years.
The defendant shall be ordered to complete 120 hours of sexual assault treatment programs.
Reasons
Punishment of the crime
[Criminal record] On February 9, 2012, the Defendant was sentenced to three years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the Youngju District Court’s Yeongdeungpo-dong branch, and completed the execution of the sentence on January 10, 2015.
Since then, on June 25, 2015, the defendant filed a petition for review of the above judgment and was sentenced to three years of imprisonment for habitual larceny, etc. in the same court, and the judgment became final and conclusive on May 25, 2016.
[2016 Gohap 124]
1. Around September 13, 2016, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”) committed intrusion to satisfy sexual desire by stealing the appearance of an unspecified female in a female toilet installed in D Park located in Gumi-si, Gumi-si, Gumi, Seoul, with a view to stealinging the appearance of melting female.
2. The Defendant raped on September 16, 2016: (a) around 04:10, the Defendant: (b) entered a Gsing point in the part of the victim F (the life, the age of 55) in Guro-si; (c) waiting for the victim’s seat; (d) has been seated with the victim’s body; and (e) has the victim sited into the part of the victim for rape; and (e) has the victim interfered with the victim’s conversation with the victim, and (e) has the victim interfered with the victim’s body; (c) has the victim tightly cut the victim’s shoulder by pushing the victim’s own shoulder so as to prevent the victim from leaving the victim’s shoulder by hand; (d) has the victim resisted his/her face on two occasions with his/her own resistance; and (e) has his/her fingered his/her body to avoid rape; and (e) has tried to leave the victim’s body by taking the victim’s kne to the victim’s body;