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A defendant shall be punished by imprisonment for a maximum term of eight years and a short term of five years.
The defendant shall be a sexual assault treatment program for 120 hours.
Reasons
Punishment of the crime
1. Around 00:00 on February 21, 2013, the Defendant: (a) drinked the victim D (n, 46 years of age) at GN clubs located in F in J in Jinju-si; (b) had sexual intercourse with the victim at around 03:30 on the same day; and (c) moved from GN clubs to HH level at the time of Jinju-si, while getting on a bat club and getting off a taxi.
At around 05:15 on the same day, the Defendant thought that the victim would not have any sexual intercourse in the studio parking lot of “I”, and that the victim would be rape.
After being pushed up the victim, the Defendant got the victim's face and body several times due to both drinking, taken the chest and face part of the victim so that the victim lost his mind, led the victim so that it cannot be seen by others, and taken the victim back to the bed side of the parking lot.
The defendant, at least once in drinking the face of the victim used, exceeded panty and panty of the victim, laid off the victim's chest, laid down the son's chest with both hands, and tried to rape the victim's spanty, and attempted to rape the victim's spanty, but failed to have the victim committed an attempted rape.
As can be seen, the Defendant attempted to rape the victim, but did not cause any occurrence, and thus, did not bring the victim to death due to an attempted crime, and caused the victim to die due to the injury to both external wounds.
2. At around 06:30 on the same day, the Defendant: (a) stolen the victim’s cream card with one copy of the victim’s cream card and one cell phone with one cell phone.
3. Fraud and violation of the Specialized Credit Finance Business Act;
A. On February 21, 2013, the Defendant, at around 06:32, on February 21, 2013, purchased three copies of 81,00 won in total at the convenience store for the management of the victim E in J in J in J in J in J in J in J in J in J in J, and the Defendant, as seen above, purchased three copies of Dumenmen’s tobacco in the name of D, and completed the vegetable Card in his/her own right to use.