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A defendant shall be punished by imprisonment for not less than two years and six months.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
The defendant is the representative of the company "B" and the victim C (a person, a person) is an employee of the above company.
On January 14, 2019, the Defendant sent other employees, and moved the victim to the Defendant’s car by sending the victim to the taxi, while saying that “E” located in Gumi-si D, including the victim, and the employees of the company, including the victim, will move to the taxi.
At around 01:00 on January 15, 2019, the Defendant: (a) 15, 01, 01, fel G from the Sinsi, fel G; (b) felping the victim’s clothes; (c) laid off the victim’s clothes; and inserted his sexual organ into the part of the victim’s sound.
Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical state of difficulty.
Summary of Evidence
1. The defendant's legal statement (the third trial date);
1. Legal statement of the witness C;
1. The police statement of H;
1. Each investigation report (for the statements of the CCTV and employees, a response to a request for appraisal of an emergency key, for CCTV images of the Felto, and for CCTV for crime prevention);
1. Application of the written appraisal, written appraisal request, and CCTV video-related Acts and subordinate statutes;
1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;
2. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):
3. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.
4. 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 notify disclosure of information, and Article 49(1) proviso and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse do not have the record of having been punished for a sex offense prior to the instant crime, and it is difficult to readily conclude that the Defendants have the sex offense tendency toward an unspecified number
The defendant's recidivism risk will be reduced by only a sentence of punishment, registration of personal information, and order to complete a sexual assault treatment program.