A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Punishment of the crime

[criminal history] On July 17, 2014, the Defendant was sentenced to ten months of imprisonment due to a violation of road traffic law (drinking driving) in the Daegu District Court Kimcheon support, and completed the execution of the sentence on March 27, 2015 at the Daegu Prison.

[Criminal facts]

1. On April 7, 2016, the Defendant, at around 00:0 on April 7, 2016, committed an indecent act on the part of the Defendant, on the part of his/her own dwelling space, Daegu-gun C 301, Daegu-gu, 301, demanding the victim to have sexual intercourse with the victim during a while drinking together with his/her husband and wife, who was traveling together with the victim D (n, 37 years of age). However, the Defendant, on the part of his/her dwelling space, demanded the victim to have sexual intercourse with the victim during drinking together, but was forced by force by forcing the victim to have his/her descendants go against his/her will.

2. On May 28, 2016, the Defendant committed an indecent act on May 28, 2016, on the part of the victim’s residence in Daegu-gun E around 01:00, by searching together with F with his/her own female F, together with the victim’s husband, and then diving from G, which is the husband of the victim, in this plan, the victim’s husband, and when the F returned to his/her house first left with the victim, he/she forced the victim from the front line to go back, and forced him/her to go back to his/her sexual organ by taking the victim’s hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Each police statement made with respect to D, G, and F;

1. Investigation report (Evidence list 12, 13, 16);

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the date of release of a suspect) statute;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the facts constituting a crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 16(2) of the Act on the Punishment, etc. of Sexual Crimes Committed to Order and the judgment of conviction on an indecent act committed by force, which constitutes a sex offense subject to registration, becomes final and conclusive, Article 42 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.