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A defendant shall be punished by imprisonment for not less than two years and six months.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
While the Defendant was hospitalized at C Hospital in Daegu-gu, Daegu-gu, due to alcohol dependence, the Defendant became aware of the victim D (one, half, and fifty years of age) being hospitalized at the hospital, and became good.
At around 21:50 on September 1, 2018, the Defendant: (a) was suspected of having another male unfolded by the victim; (b) was under suspicion of having another male, and (c) was under following the victim’s back, on the street around the “F Burial” located in Seo-gu, Daegu, Seo-gu, the Defendant said that the victim was her hand, and led the victim to her hand, and (d) was forced to her the ground level; (b) was her hand over the ground level; (c) the Defendant her hand her part of the victim’s her part and her clothes with the other hand, her hand her part and her part and her clothes were her part, and then she she then she she shedd with a flick.
As a result, the defendant raped the victim and caused the victim to undergo approximately a week medical treatment, and caused a dystypology which requires approximately two weeks of treatment.
Summary of Evidence
1. Partial statement of the defendant;
1. Each prosecutor's protocol of examination of the accused;
1. Each legal statement of witness D, G and H;
1. The police seizure record and the list of seizure;
1. Each investigation report (the sequence 1, 8, 13 in the list of evidence);
1. Application of Acts and subordinate statutes to medical certificates and gene appraisal certificates;
1. Relevant Articles of the Criminal Act and Articles 301 and 297-2 of the Criminal Act concerning the crime;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the following favorable sentencing grounds):
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;
1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) and Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.