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A defendant shall be punished by imprisonment for two years.
The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.
Reasons
Punishment of the crime
The defendant and the victim C (V, 27 years old) are between the same group of the same university and the latter.
On April 5, 2014, the defendant, victims, and victims, D, which is the same kind of motive as the defendant, victims, and victims, have taken drinking and drinking alcohol by making a soup, such as a soup and so on, together with the head of F camping in the Cheongdo-gun E, Chungcheongnam-do on April 5, 2014.
To a certain extent, the victim under the influence of alcohol has been able to enter the tents first, and the defendant and D, who had drinking alcoholic beverages for a long time, have completed the three drinking fields, and all of the above three persons have locked within the same content.
On April 6, 2014, from around 00:0 to around 00:50, the Defendant: (a) kiddddddddd the victim, who was divingd next to the Defendant within the above content; (b) kidddd the victim’s sexual desire and panty; and (c) kid the victim’s sexual intercourse.
As a result, the Defendant, who was in a debrisoned by alcohol, committed similar rape by taking advantage of the fact that the victim is in a state of mental or physical loss or resistance impossibility.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the witness C and D in the second public trial protocol;
1. A text file of a conversation and a photographic file;
1. Application of relevant statutes to each file recorded in C-Submission CD (G message and telephone conversations with Defendant 1, a business owner of camping, and telephone conversations with staff of law offices);
1. Relevant Articles 299 and 297-2 of the Criminal Act concerning the facts constituting an offense;
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. In light of 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) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the background of the crime committed in the records of this case, the relationship with the victim, the defendant’s age, sex, criminal records (no record of the crime), family environment, social relationship, etc., the defendant is a sexual crime.