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A defendant shall be punished by imprisonment for three years.
The defendant shall be ordered to complete the sexual assault therapy for 80 hours.
(b) the defendant;
Reasons
Punishment of the crime
On April 4, 2014, at around 15:00, the Defendant found the victim D (n, 46 years of age) located in Gangnam-si C, and went out of the house according to the husband of the victim, who was locked by the victim.
The defendant is driving his own vehicle and confirmed that the husband of the victim's husband operates the vehicle to the from the Sksan-dong to the port of entrance from the Skinsan-dong to the knin-dong, and the knife of the knife to the knife of the knife.
피고인은 같은 날 15:30경 위 피해자의 집에 이르러, 시정되지 않은 출입문을 열고 피해자 혼자 잠을 자고 있던 안방에 들어가 피해자의 주거에 침입하고, 이불에 엎드린 상태로 잠을 자고 있어 항거불능 상태에 있던 피해자의 등, 어깨, 귀 등을 혀로 핥고, 피해자의 가슴을 손으로 주무르고, 피해자의 음부를 손으로 만졌다.
Accordingly, the defendant invadedd the victim's residence, and forced the victim to commit an indecent act.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement of D and E;
1. Application of statutes on site photographs;
1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act;
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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Grounds for sentencing under Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to 15 years;
2. Application of the sentencing criteria (decision of type) shall be general criteria for sex crimes;