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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
The Defendant worked together with the F departments of Samsung Life Insurance Co., Ltd. at the 17th floor of Samsung Life Insurance Co., Ltd, as the victim E (n, 21 years of age) and the mid-gu Seoul Metropolitan Government.
From around 19:00 on May 22, 2014 to 23:00 on the same day, the Defendant: (a) completed a meeting with the victim and the company premises in the foregoing Samsung Bio-resources; and (b) laid the victim under the influence of alcohol as if he were to start in the house; (c) laid the taxi into the taxi on May 22, 2014; and (d) laid the Hel 804 guest rooms located in Dongjak-gu Seoul Metropolitan Government G on the part of the taxi on the part of the passenger room on May 23:18, 2014; (b) laid the victim on the part of the passenger, using the state in which he was fluened and his consciousness is unknown, she was raped by taking advantage of the victim’s clothes.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. CCTV photographs (Evidence No. 19);
1. Application of Acts and subordinate statutes to the submission of evidential materials (Evidence No. 21);
1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;
1. Determination as to the assertion of the defendant or his/her defense counsel, in full view of all the circumstances, including the favorable circumstances deemed to be the grounds for sentencing, including the absence of past record, etc., the circumstances leading up to the crime of this case, the relationship with the victim, etc., and the benefits and the preventive effects expected by the disclosure and notification order of the defendant, and the disadvantages and side effects of the defendant's personal information disclosure and notification order, the determination as to the assertion of the defendant or his/her defense counsel as to the assertion of the defendant or his/her defense counsel
1. The defendant's summary of the assertion is merely a sex relationship under an agreement with the victim, and the victim is mentally ill or physically handicapped at the time of the occurrence.