A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

On June 25, 2017, the Defendant, at around 13:00, had sexual intercourse by inserting the Defendant’s sexual organ into the part of the victim’s sexual organ into the part of the victim’s pande and pande, who met with him from hotel D 706 to the hotel D 706 in Gui-si, Sin-si, 201.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental and physical loss.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Application of Acts and subordinate statutes on police statements made by the police;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, 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 (in spite of the fact that the defendant has received juvenile protective disposition once due to a sexual crime, however, such circumstance and the crime of this case alone has the risk of recidivism or recidivism of sexual assault against the defendant;

It is difficult to see it.

In the future, recidivism of sexual assault crime committed by the defendant can be effective to some extent only by sentence of the defendant, registration of personal information, and order to complete a sexual assault treatment program.

I seem to appear.

If so, there is a special reason that the defendant should not disclose or notify personal information.

As such, the reason for sentencing is to exempt the defendant from disclosure and notification order.

1. The scope of applicable sentences by law: Imprisonment with prison labor for up to 30 years; and

2. Application of the sentencing guidelines [Type Determination] There is no type 1 (General Rape) (the scope of the recommended punishment] of the crime of rape (the persons subject to more than 13 years of age) from the general criteria (the scope of the recommended punishment] of two years to six years (the basic area) (the scope of the recommended punishment compared to the applicable sentencing] of two years to five years (the scope of the recommended punishment compared to the applicable sentencing];

3. The Defendant, who was sentenced to sentence, has sexual intercourse with the victim who was in a state of mental or physical loss in a more male-gu room.