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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 80 hours.
Reasons
Punishment of the crime
On December 4, 2014, the Defendant: (a) while drinking alcoholic beverages with D main points located in Jeju Island at the D main points located in Jeju Island, the Defendant found the victim F (n, 28 years of age) as the main points from December 5, 2014 to December 04:20, the Defendant saw the victim F (n, 28 years of age) to move the drinking place on three occasions; (b) while drinking alcoholic beverages at the same time; (c) completed the drinking place; and (d) he/she would look at the victim’s house while driving in the taxi; and (d) he/she tried to commit rape with the victim, who was in the vicinity of D main points where the victim’s Glearning car was parked, by going through a vehicle.
Thus, from 04:28 to 08:22 on December 5, 2014, the Defendant moved the victim’s right to the above-mentioned passenger car to the parking lot of the Jeju Folk History Museum located in Samsung 40 to Samsung at the Jeju city, from the 08:22, the Defendant left the victim’s right to the above-mentioned passenger car and had panty panty, and had sexual intercourse once with the victim.
Accordingly, the defendant raped the victim by taking advantage of the victim's failure to resist.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol of examination of part of the defendant by prosecution;
1. Each police statement to F and E;
1. Medical certificate, investigation report (security of the victim vehicle booms, CCTV confirmation, etc.), investigation report ( Results of electronic appraisal), investigation report (additional appraisal report), investigation report (the results of additional appraisal), investigation report (the date and time of crime and specific relation);
1. As to the response to the request for appraisal (2014-M-38180), a report on investigation (related to the identification of a victim's vehicle and the request for appraisal), a report on investigation (Attachment of a photo to the victim's arms), a report on the request for appraisal (2014-M-39515), a report on investigation, a report on investigation (Attachment of CCTV data) (Attachment of CCTV data), a report on investigation (verification of a victim's vehicle), and the application of statutes on each attached data;
1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;
1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders;