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A defendant shall be punished by imprisonment for not less than one year and six months.
The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.
Reasons
Punishment of the crime
The Defendant operated the alcohol house in Suwon-si, Suwon-si, and the victim D (the victim, the female, the age of 20) worked as an employee from September 9, 2016 to September 9.
On September 28, 2016, at around 00:10 on September 28, 2016, the Defendant: (a) performed drinking with the victim, other employees, and (b) took drinking with the victim; (c) moved to the host E 2nd floor in Suwon-si, Suwon-si, Suwon-si, the same day; and (d) 03:25 on the same day, the Defendant got the victim from drinking with the victim, who was deprived of food by drinking while drinking with the victim, and had sexual intercourse with the Defendant.
At around 05:03 on the same day, the Defendant, who was parked on G road in Suwon-si, Suwon-si, sought to enter the ear of the victim, who was not able to be drunk, by hand, to enter the victim’s name, brode, panty, and to have panty off, and to have sexual intercourse with the Defendant. However, the Defendant was discovered by the police officer dispatched upon receipt of a report by 112, and failed to perform his intention.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of the witness D, I and J;
1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;
1. Statement made by the police with regard to D;
1. The K's statement;
1. 112 Reporting case handling table;
1. Emergency KIKO list for collecting evidence of sexual assault and response to each request for appraisal (Evidence No. 25,35);
1. Application of the Acts and subordinate statutes that cut the CCTV images of the Fhop house and the CCTV images of the building in the hop store;
1. Articles 300, 299, and 297 of the Criminal Act concerning the facts constituting an offense;
1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;
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 order to disclose or notify, and 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 Defendant’s age, occupation, family environment, and society).