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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 80 hours.
Reasons
Criminal facts
On July 25, 2015, the Defendant: (a) under the influence of alcohol in the Manan-gu C around 03:10 on July 25, 2015; (b) opened a door that was not corrected by 18, the above Goan-won 18, the residence of the victim D (the age of 37), and committed an indecent act by the victim’s chest who was in a state of failing to resist.
Accordingly, the defendant invadedd the victim's residence and led the victim to indecent act by force.
The defendant and the person requesting probation order (hereinafter referred to as "defendant") have committed a sexual crime as indicated in the judgment of the court, and are likely to recommit a sexual crime in light of the circumstances, method, etc. of the crime.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. The risk of repeating a crime as indicated in the judgment: (a) the following circumstances revealed by the record, namely, ① the risk of recidivism by a sex offender against the Defendant at a point eight points in total as a result of the application of the K-SORAS to the Korean sex offender, ② the risk of repeating a crime by a mental disorder at a point twenty-one point in total as a result of the application of the results of the evaluation of the prestigious design (PC-R) to the Defendant, falls under an intermediate level; and (b) the risk of repeating a crime by a mental disorder at a point twenty-one point in total, and ③ the Defendant filed a complaint with the fact that he/she quasi-raped a female who was divingd in the telesur on October 2010 and was subject to a disposition that is not authorized to prosecute by the victim.
Application of Statutes
1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act;
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. Probation orders are made to specific offenders;