Text
A defendant shall be punished by imprisonment for three years.
The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
The defendant is the representative of K, and the victim L (n, 36 years of age) is the above company's accounting.
The Defendant, along with the victim, provided that the victim would be able to take part in the drunk victim, and took part in the N hotel room 504 in Pyeongtaek-si M, and took part in the above hotel room around 00:00 on October 29, 2016, and made quasi-rape by having sexual intercourse with the victim under the influence of alcohol at the above hotel guest room.
Summary of Evidence
1. Each legal statement in witness, L,O, and P;
1. Each police statement made against L,O, or P;
1. Investigation report (to hear statements by N hotel business owner or telephone), investigation report (to hear statements by the director of the building management center for suspect occupancy);
1. Details of the victim’s husband Q’s sending and reverse transmission;
1. The application of Acts and subordinate statutes to a recording or recording of the contents of conversations by which the person against whom the resolution of the case is requested to the R;
1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the fact that a sexual crime against an unspecified majority is not a sexual crime, the defendant has no record of criminal punishment, and the effect of preventing recidivism through taking lectures of sexual assault treatment can be achieved;
In light of all the circumstances, such as the defendant's age, sex, family environment, and social relationship, since the effect of the prevention of sexual crimes that can be achieved by the disclosure and notification order is relatively small compared to the disadvantage and anticipated side effects that the defendant may sustain, there are special circumstances that the disclosure and notification of personal information may not be disclosed or notified to the defendant.
(C) Article 42 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that the defendant shall be found guilty of the defendant who is obligated to register and submit personal information.