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A defendant shall be punished by imprisonment for one year.
The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.
Reasons
Punishment of the crime
The Defendant was aware of the victim C (n, 38 years of age) and about 7 to 8 years through the Defendant-friendly Gu B. On February 2, 2018, around 23:00, the Victim B was in contact with the Defendant, and on February 3, 2018, the Defendant, B, and the victim moved to the residence of the building D in Yangsan City, and the residence of B located in subparagraph (e) around 01:30.
On February 3, 2018, the Defendant: (a) on February 3, 2018, at the place above the new wall stroked, reported the victim locked under the influence of alcohol to commit a sexual crime; (b) exceeded the panty and panty in which the victim was suffering; and (c) put the victim into the victim’s finger within the victim’s sexual organ.
Accordingly, the Defendant, by drinking alcohol and taking advantage of the victim's state of non-fluoring, has been engaged in similar rape in the victim's sexual intercourse.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning C and B;
1. The application of Acts and subordinate statutes to statements and records stored in the CD storage in currency, voice, and voice files in A and B;
1. Relevant Articles 299 and 297-2 of the Criminal Act concerning criminal facts;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;
1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the Public Disclosure and Notice Orders and Employment Restriction 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; Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56(1) proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); the Defendant has no record of criminal punishment as a sexual crime before the instant case; personal information of the Defendant on personal information of the Defendant and orders to complete a sexual assault treatment program may have a considerable effect on the Defendant’s recidivism; and the Defendant’s age, character