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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 a person working as a manager of the pentathy in Gyeonggi-gun B, and the victim's OO (n, 39 years of age) is a guest who is administered to the above pentathy.
On June 17, 2018, at around 02:00, the Defendant: (a) laid a password into the above pentash Chosh; and (b) laid into the above pentash without permission; (c) committed an indecent act by force on the part of the victim, who was locked, laid the string of her string, cut the string, cut the string, cut the chest, and forced the victim to resist.
Summary of Evidence
1. Partial statement of the defendant;
1. Each police statement of theO;
1. Written statements of D;
1. The application of Acts and subordinate statutes to each recording and recording book;
1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;
1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); Article 59-3 (1) of the Welfare of Disabled Persons Act
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 Children and Juveniles against Sexual Abuse; it is difficult to readily conclude that a defendant has a risk of re-offending of a sexual crime due to the absence of a criminal record identical to that of the defendant; the fact that the defendant’s order to complete a program, restriction on employment, and registration of personal information appears to have an effect to prevent re-offending; and all other circumstances such as social benefits expected by an disclosure order and notification order