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A defendant shall be punished by imprisonment for one year.
To order the defendant to complete the sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
At around 00:00 to 02:00 on October 7, 2018, the Defendant: (a) was under the influence of the victim D (the 18-year old, the 18-old), and drinking alcohol, and when the victim was unable to drive on the floor of the breath under the influence of alcohol, the Defendant was able to rape the victim by using the victim's her body while moving the victim to the breath, and then the victim cannot move to the breath, and then the victim was under the influence of alcohol; (b) the victim was able to walk the victim's chest on several occasions by walking the victim's upper part, and she was frighted with the victim's chest, she was hick up with the victim's will and panty, and she was hick up with the victim's finger.
Accordingly, the defendant committed similar rape by taking advantage of the victim's state of non-performance to resist.
Summary of Evidence
1. The defendant's legal statement (the third trial date);
1. Statement made by the police in relation to D;
1. Application of Acts and subordinate statutes of each gene appraisal document (Evidence Nos. 9, 21)
1. Relevant Articles 299 and 297-2 of the Criminal Act concerning criminal facts;
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) and Article 49(1) of the Act on Special Cases Concerning the Disclosure Order and Notice Order and the Punishment, etc. of Sexual Crimes Exempted from Employment Restriction Order; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the Defendant has no record of having been punished for sexual crimes; the instant crime alone is hard to see that the Defendant has a criminal tendency against an unspecified number of victims; the Defendant appears to have the effect of preventing recidivism even through taking lectures in the registration of personal information and the treatment of sexual assault; and the Defendant’s age, family environment, social relationship, the details and details of the relevant crime; and