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A defendant shall be punished by imprisonment for not less than eight months.
To order the defendant to complete a sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
The defendant from around 23:00 on December 7, 2015 to the same month.
8. From around 00:10 to around 78 as the date of Eup/Myeon, the knives of the victim D (24 years old) who was locked from the right side of the defendant, with the hands of the Bapo prison C located in 78, the center day of Eup/Myeon, and the victim's knives the knives of the victim, and the knives of the victim by inserting his knives into the panty of the victim himself/herself.
Accordingly, the defendant committed an indecent act against the victim in a state of impossibility to resist due to the surface of the water.
Summary of Evidence
1. Each legal statement of witness D and E;
1. Each police statement made to F and G;
1. Application of statutes on work reports;
1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. There are special circumstances under which personal information may not be disclosed, in light of the Defendant’s age, risk of recidivism, record of crime, content and motive of crime, method and seriousness of crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that may be achieved by such order, prevention of sexual crimes subject to registration, effect on the protection of victims, etc.
(C) Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that a person subject to registration of personal information shall be subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.
The reason for sentencing is that there is no record that the defendant was punished for the same kind of crime, and in light of the behavior from the trial process to the trial process of this case, it is not difficult to see that the crime of this case is committed.