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A defendant shall be punished by imprisonment for three years.
The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.
Reasons
Punishment of the crime
[Criminal Records] On June 29, 2016, the Defendant was sentenced to the suspension of the execution of official duties for six months by obstructing the execution of official duties at the Suwon Friwon, and the said judgment became final and conclusive on November 24, 2016.
[2] On February 6, 2016, the Defendant 301, which is the Defendant’s residence located in Osan-si, a new wall on February 6, 2016, drinks with the Defendant’s female job offers D, D’s friendly job offers victim E (the age of 27) and Defendant’s daily behaviors. When the Defendant was under the influence of alcohol first, the Defendant was under the influence of alcohol and was under the influence of alcohol so that the Defendant would have sexual intercourse with the victim by reporting the victim under a locking circumstances. The Defendant was under the influence of alcohol, by inserting his hand into the victim’s inner part and walking the chest, and continued to have sexual intercourse with the victim by continuously putting the victim’s chest and panty, and putting the Defendant’s sexual organ into the part of the victim’s drinking part.
Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-refluence condition.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement protocol by the police for E;
1. Recording recording recording and reporting;
1. A report on internal investigation (a confirmation and photographing of suspect A's residence);
1. Previous convictions: Application of an inquiry letter, investigation report (verification of the fact of release of a suspect), summary information of the case, such as inquiry about criminal history;
1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. Article 47(1) and Article 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, and the proviso to Article 49(1) and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment and social relationship, details, circumstances, and results of the instant crime, and the details, details, and result of the instant crime, which may be achieved by the disclosure and notification order, are due to the prevention of sexual crimes subject to registration, the protection effect of the victims of sexual crimes, and the disclosure and notification order.