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A defendant shall be punished by imprisonment for three years.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
The defendant and the victim B(n, 44 years of age) are related to human relations.
1. A quasi-Rape Defendant: (a) around 04:30 on May 17, 2019, at the residence of the wife population Cudio D, the victim crebling the gap in which the victim was drinking and exempted from drinking and water, and boomed in the victim’s resistance.
Accordingly, the defendant has committed quasi-Rape by taking advantage of the victim's mental or physical condition of the victim's inability to resist and inserting his sexual organ into the victim's resistance.
2. On May 17, 2019, the Defendant suffered injury: (a) on the road in front of the wife population Cudio in Chungcheongnam-si on May 17, 2019; (b) on the road in front of the wife population Cudio; (c) the victim saw the victim’s animals in the above residence to have a sense of sense of shame; and (d) the victim’s animals in the above residence saw out and go outside, and followed the victim, and (e) took the victim’s face by drinking and saliva, the victim was placed on the diversal chro, divers, etc. requiring approximately two weeks of treatment.
Accordingly, the defendant injured the victim's body.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol of examination of part of the defendant by prosecution;
1. The police statement concerning B;
1. B written statements;
1. Reporting on the arrest of a case and investigation;
1. 112 Notification to a department related to the report of the case;
1. A written diagnosis of injury;
1. Application of Acts and subordinate statutes to photographs of dispatched police officers;
1. Relevant legal provisions concerning the facts of crime, Articles 299, 297-2 of the Criminal Act that choose the penalty, and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment);
1. Of concurrent crimes, Articles 37 (former part), 38 (1) 2 and 50 of the Criminal Act [the aggravation of concurrent crimes (within the scope of the sum of the long-term punishments of two crimes)] among concurrent crimes;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;
1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders, and Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse.