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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
Criminal facts
At around 05:00 on July 9, 2017, the Defendant inserted the Defendant’s sexual organ into the part of the victim F(F) under the influence of alcohol in the residence of the victim F(F) located in Gangseo-gu Seoul, Gangnam-gu, Seoul. 417.
Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-refluence condition.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness F and G;
1. The legal statement of the witness H in part;
1. Each investigation report (related to the attachment of CCTV images of the E Announcement Institute, the verification of the time for collecting the victim's blood, and the I details divided by the victim's friendship);
1. Application of Acts and subordinate statutes 25 to 12 copies of a CCTV image-fashion photograph, and to the 25-fagic photo of the details of the I conversation, divided by the victim and his/her native H
1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Determination on the assertion by the Defendant and his/her defense counsel under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes
1. The summary of the argument is only the fact that the defendant has sexual intercourse with the victim under the mutual consent of the victim, and the victim was unable to resist under the influence of alcohol as stated in the facts constituting the crime in the judgment, or the defendant did not have sexual intercourse with the victim by taking advantage of such condition.
2. Comprehensively taking account of the following circumstances revealed by the evidence revealed prior to the judgment, the Defendant, as stated in the facts constituting a crime in the judgment by the lower court, was in a state of incompetence and the Defendant intentionally sexual intercourse with the victim of quasi-rape by taking advantage of such state.
full recognition may be accepted.
Therefore, the defendant and his defense counsel cannot be accepted.
A. The victim, from the investigative agency to the court of this Court, “The victim was bread by drinking in one’s bed from one’s bed room, and was bread from one’s bed, so the Defendant inserted the sex into the sound part of the victim’s above, and the victim was inside.
c. m.