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A defendant shall be punished by imprisonment for three years.
To order the defendant to complete a sexual assault treatment program for 80 hours.
Reasons
Punishment of the crime
On January 12, 2012, the Defendant came to know of the victim D (V, 19 years of age) through a smartphone-sharing fishing operation on the Haman on January 12, 2012, and only 3 to 4 times the victim was born in Yangcheon-gu Seoul E Council.
On January 6, 2013, the Defendant: (a) parked in the F apartment parking lot located in the building parking lot located in Yangcheon-gu Seoul Metropolitan Government, Yangcheon-gu, Seoul; (b) told the victim to rape, show the victim’s drinking to the victim; and (c) forced the victim’s resistance, and forced the victim to have sexual intercourse once after having been exempted from the victim’s lower rank.
Accordingly, the Defendant raped the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Video statement CDs made by the victim D;
1. Statement of reference witness to victims D, prepared by the prosecutor, - One answer-type;
1. A complaint filed by the victim D;
1. Application of Acts and subordinate statutes to a written request for appraisal;
1. Article 297 of the Criminal Act applicable to the crimes;
1. Grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Sexual Crimes under Order to complete a sexual assault treatment program (Amended by Act No. 11556, Dec. 18, 2012)
1. Period of punishment by law: Three years to thirty years; or
2. Scope of recommendations based on the sentencing criteria: Imprisonment for two years and six months to five years (general rapes and basic areas over the age of 13);
3. Sentence: Completion of a sexual assault treatment program for three years or 80 hours; and
4. The Defendant, as indicated in its reasoning, threatened the victim to exercise a strong violence against the victim who satisfy about 20 satisfy in a closed space, and threatened the victim’s resistance. The victim, who satisfyed the victim’s body by doing so, seems to have caused strong fear and sexual humiliation due to the Defendant’s crime of this case, which was committed by his age and movement with more and more than her body, and the mental suffering has not been cured up until now.
However, the defendant does not have the same criminal record.