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A defendant shall be punished by imprisonment for not less than three 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 victim D(n, 17 years old) and the victim's sony.
On May 20, 2018, from around 02:00 to 03:00 on May 20, 2018, the Defendant, under the influence of alcohol, exceeded the clothes and clothes of the victim under the influence of alcohol, and had sexual intercourse once with the victim.
Accordingly, the defendant, at the same time, raped the victim by taking advantage of the victim's mental and physical loss of relationship with the defendant at the same time.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on police statements made to D;
1. Article 5(3) and (1) of the relevant Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Criminal Act, Article 299 of the Criminal Act (the point of quasi-rape by relatives), Article 7(4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act (the point of quasi-rape for children and juveniles, and the choice of imprisonment for a limited term);
1. Articles 40 and 50 of the Criminal Act concerning the ordinary concurrent crimes (the punishment prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment shall be imposed);
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);
1. The main sentence of Article 21 (2) of the Act on the Protection of Children against Sexual Abuse;
1. The proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Juveniles against Sexual Abuse against Children exempted from disclosure and notification orders (the crime of this case alone) (the crime of this case alone leads to the risk of recidivism or recidivism of sexual assault against the accused;
It is difficult to see it.
In the future, recidivism of sexual crime by the defendant can be effective only by sentence of the defendant, registration of personal information, and order to complete a sexual assault treatment program.
I seem to appear.
If so, there is a special reason that the defendant should not disclose or notify personal information.
Since it is judged, the defendant's assertion of the defendant and his/her defense counsel is exempted from disclosure and notification order.