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A defendant shall be punished by imprisonment for four years.
The defendant shall order the completion of a sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
On December 27, 2015, at around 21:00, the Defendant: (a) moved the victim (the 19 years old), who was traveling to Busan through the introduction of the Defendant-friendly G G to the Defendant’s residence in the Busan J. 413, around December 28, 2015.
Around December 28, 2015, the Defendant continued to engage in sexual intercourse with the victim at the home of the above Defendant on December 28, 2015, when other behaviors get out of the house to make telephone, and when the victim was unable to resist with the victim, the victim was under the influence of alcohol, using the fact that the victim was in a non-fluencing state, and was off the victim’s clothes, and was able to put the victim’s chest, etc. into the part of the victim’s sound, and subsequently, raped the victim by having sexual intercourse once.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of a witness, I, J, K, L, or M;
1. Partial statement of witness G;
1. A protocol concerning the examination of partially the accused by the prosecution;
1. Investigation report (Attachment, etc. of H stud CCTV screen images);
1. A reply to a request for the genetic assessment of a quasi-rape-rape-rape-related case, a reply to a request for appraisal (2013-S-178),
1. Requests for genetic appraisal by this court;
1. Application of a defense counsel’s written opinion (No. 5 No. 5 of the list of evidence submitted by the defendant);
1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
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, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant has no record of criminal punishment for sex crimes before committing the instant crime, and is expected due to the Defendant’s age, occupation, social relationship, and other disclosure orders or notification orders of this case.