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A defendant shall be punished by imprisonment for three years.
The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.
Reasons
Criminal facts
The defendant is the president of the colonial House in which the victim C(n, 43 years of age) worked.
On March 30, 2013, the Defendant completed his business at E-mail house located in Kimhae-si D on March 30, 2013, and offered the beer to the victim and dump the beer together in three rooms.
The male-friendly Gu of the victim of the bed shall not take the phone from the cell phone of the victim, prevent the victim from receiving the phone by cutting the cell phone from the cell phone, and continuously put the victim to drink.
At around 01:30 on the same day, the victim left home without giving up getting a cell phone back, and the defendant was able to get the victim's walked from the victim, 6 times on the same day, lying the victim into the place of detention, scambling the victim's resistance, scambling the victim's clothes, scambling him, off his clothes once, scam off his clothes, and thereby, the victim who scam at low resistance and scambling his body was injured by scam, etc. requiring approximately two weeks of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;
1. Statement to C by the police;
1. Application of Acts and subordinate statutes of the injury diagnosis certificate;
1. Relevant Article of the Criminal Act and Articles 301 and 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 201);
2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
3. The main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed before order to complete a program (Amended by Act No. 11556, Dec. 18, 2012)
4. Where a conviction becomes final and conclusive on the instant criminal facts subject to the registration and submission of personal information under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1)2 and 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant is a person subject to registration of personal information pursuant to Articles 4(1) and 42(1) of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter the same shall apply).