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A defendant shall be punished by imprisonment for six months.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
On December 7, 2019, the Defendant: (a) around 03:00 on 03:0, at the house of the B apartment C victim of Silung-si, Silung-si, the Defendant: (b) kid the victim’s friendly fright while under the influence of alcohol; and (c) kid on the victim’s panty on the face; (d) kid on the victim’s panty.
Accordingly, the defendant committed an indecent act by force against the victim by taking advantage of the victim's failure to resist.
Summary of Evidence
1. Partial statement of the defendant;
1. The application of the law to the legal statement of the witness D [the victim's statement is consistent and specifically stated in the investigative agency and this court as a substitute for the crime of this case, its previous and subsequent circumstances, there is no unreasonable or contradictory part in the statement, and the victim does not seem to have any circumstance to make a false statement, and therefore its credibility exists].
1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;
1. Where a conviction becomes final and conclusive as to the facts constituting a sex offense subject to registration and submission of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 16622, Nov. 26, 2019); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17338, Jun. 2, 2020); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 59-3(1) main text of the Welfare of Disabled Persons Act; and Article 43 of
The age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, and the degree of disadvantage to the defendant due to the disclosure order or notification order.