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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
1. Around 00:50 on November 3, 2013, the Defendant: (a) discovered the victim E (here, 19 years old) who was divingd on a DNA car parked on the roadside C at Silung-si, with a view to rapeing the female, while under the influence of alcohol on a DNA car that was parked on the roadside C; (b) discovered the victim E (here, 19 years old); and (c) had the intention to rape the female.
The Defendant, following the victim who was deprived of the said car, forced the victim to leave the victim’s her block, forced the victim to scam, forced the victim to scam, and forced the victim to have sexual intercourse, and attempted to have sexual intercourse with the victim by leaving the victim’s scam and scam on the chest up to the chest, fasting the victim’s left scam, and scam. However, the Defendant attempted to have sexual intercourse with the victim. However, the Defendant scamed to two male persons, who were faced with the rest of the toilet, with the victim’s scam and scam.”
2. Around 01:05 on November 3, 2013, the Defendant 1 driven the said car while under the influence of alcohol with a blood alcohol content of about 0.098% from around 500 meters from the front of C before C at C at C at C at C at C at C at C at C at C at C at C at C at C at C at C at C at C at C at C at the time of interest.
Summary of Evidence
[Fact 1]
1. Partial statement of the defendant;
1. Partial statements of each prosecutor's office and police interrogation protocol of the accused;
1. Each police statement of E, G, and H;
1. Notification to Ministries related to 112 Report, photographs of victims, etc., and guidance on the scene of crime, etc. (the fact of Article 2 at the time of sale);
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes, such as a report on detection of a drinking driver, a circumstantial report on a drinking driver, a place of measurement of drinking results, and victim photographs;
1. Relevant provisions of the Criminal Act and Articles 300, 297 of the Criminal Act that apply to the crime, the choice of punishment, and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of driving sound and the choice of imprisonment);
1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;