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A defendant shall be punished by imprisonment for not less than one year and six months.
To order the defendant to complete a sexual assault treatment program for 80 hours.
Reasons
Punishment of the crime
1. A quasi-Rape on March 20, 2017, around 06:06, the Defendant placed the Defendant’s sexual organ in the sexual organ of the victim E (the age of 20) who was under the influence of alcohol under D’s 801 (here, 801) and brought the Defendant’s finger in the victim’s sexual organ.
Accordingly, the defendant used the victim's resistance impossible condition to resist, thereby committing similar rape.
2. The Defendant, at the time and place described in paragraph 1, had a victim’s crepan, who was in his place, using the crepan influences whether the victim was under the influence of alcohol at the place, flus, flus, flus, and flus.
Accordingly, the defendant stolen the victim's property.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to E and F;
1. Application of Acts and subordinate statutes to report internal affairs (verification of the list ofCCTV and accommodation expenses sales), CCTV video, sales table of accommodation expenses for DNA, report on internal affairs (verification of the nominal holder of a corporate bank using a suspect's name and non-defluence), notification of data on the current status of financial transactions, and report on investigation (report on attachment of telephone recording on the day when the suspect submitted the case);
1. Relevant provisions of the Criminal Act and Articles 299, 297-2 (a quasi-Rape) of the Criminal Act concerning criminal facts, the choice of punishment, and Article 329 of the Criminal Act (abstinance of quasi-Rape) (abstinance of intention and abstinence of imprisonment);
1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes within the extent that the sum of the long-term punishment for the crimes above two crimes prescribed in the similar rape cases as stated in the heavier punishment);
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act ( Taking into account the following favorable reasons among the reasons for sentencing):
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 Children and Juveniles against Sexual Abuse (the Defendant has no record of punishment for a sexual crime, the Defendant’s age recognized as having no record of punishment for a sexual crime, and the social relationship with him/her.