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A defendant shall be punished by imprisonment for four years.
The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.
Reasons
Criminal facts
The defendant is a sheshesheshesheshes in the victim C (math, 18 years of age) and is a person living together with the victim for about six years.
At around 04:00 on May 29, 2016, the Defendant, while drinking mixed alcohol at the victim’s residence located in the wife population D, entered the victim’s panty, who was divingd, and had sexual intercourse once by inserting his sexual organ into the victim’s sexual organ.
Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss or the state of impossibility of resistance.
Summary of Evidence
1. Statement by the defendant in court;
1. Protocols and records of the prosecutor's statement concerning C;
1. Police investigation reports and police investigation reports (including photographs, such as the scene of damage, and submission of photographs, etc. taken at the time of damage) (including each accompanying material);
1. Each response to a request for appraisal;
1. The 112 reported case handling list and video recording abstract;
1. Application of video recording CD-related Acts and subordinate statutes;
1. Article 5 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 299 of the Criminal Act;
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 in favor of the defendant among the grounds for sentencing);
1. A person who is finally and conclusively convicted of a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against the Registration of Personal Information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is 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 the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the Act on
There are special circumstances in which personal information shall not be disclosed, as provided for in the exception of disclosure order and disclosure order and notification order.
In the case of judgment, the issue of whether the defendant constitutes "the offender's age, occupation, risk of recidivism, etc." refers to the offender's characteristics.