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A defendant shall be punished by imprisonment for two years.
The defendant shall be ordered to complete 40 hours of sexual assault treatment program.
Reasons
Punishment of the crime
On February 23, 2015, the Defendant reported the victim E (the age of 27) requesting assistance from the victim E (the age of 27) on the road between the Yangcheon-gu Seoul Metropolitan Government D Apartment 2 Complex and 3 Complex in order to have sexual intercourse with the victim in a comfortable state.
1. At around 00:10 on February 13, 2015, the Defendant: (a) was sexual intercourse with the victim’s Gelel located in the same Gu F and was off the victim’s clothes under the influence of alcohol under the influence of alcohol in 205; (b) was sexual intercourse by inserting the Defendant’s sexual organ into the victim’s negative organ;
2. The Defendant, at around 00:55 on the 13th of the same month, has sexual intercourse by inserting the Defendant’s sexual organ into the part of the victim’s sexual organ at the location described in the foregoing paragraph (1).
3. At around 01:30 on the 13th of the same month, the Defendant had sexual intercourse by inserting the Defendant’s sexual organ into the part of the victim’s sexual organ at the place indicated in the above Paragraph 1.
Summary of Evidence
1. A statement to the effect that the defendant has a sexual relationship with the victim, such as the statement in the ruling, in this court;
1. Legal statement of E;
1. A response to the request for appraisal and a gene appraisal report;
1. Application of Acts and subordinate statutes to report on investigation (for persons who have taken custody of a victim's statement),
1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the Criminal Act (the severe penalty shall be aggravated for concurrent crimes with punishment prescribed in the crime of quasi-rape on or around February 13, 2015), among concurrent crimes;
1. Mitigation of discretionary mitigations under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., factors considered as favorable sentencing for the following reasons):
1. All the circumstances indicated in the records of this case, such as the disclosure and notification order of Article 16(2) of the Act on the Punishment, etc. of Sexual Crimes, which had completed a sexual assault treatment program, appears to have resulted in the instant crime, the Defendant has no criminal record, and the motive, means, and circumstances of the instant crime.