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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 is a person operating the Seopo-si B Hapo-si B Hapo-si, and the victim C (the victim, 21 years of age) from April 2018.
5. 중순경까지 ‘B’ 게스트하우스에서 스텝으로 일을 하였던 사람으로 2018. 8. 26. 오후 시간경에 ‘B’ 게스트하우스에 손님으로 투숙하였다.
On August 27, 2018, at around 01:30, the Defendant reported a visit that was not corrected to the “B” room for female customers, opened a guest room, and intruded into it, and the victim was under the influence of alcohol, she was faced with the victim’s suffering, she was frighted with the victim’s clothes, and she was frighted with the victim’s fingers, cut off with the victim’s fingers, she was frighted with the fingers, she continued to fright back with her fright and pans, and she was frighted into the part of the victim, but she was frighted with her fingers and pans. However, the Defendant again she was frighted into the part of the victim.
Accordingly, the Defendant invaded into the room possessed by the victim, and attempted to have sexual intercourse by inserting the victim's sexual organ into the negative part of the victim by taking advantage of the victim's mental disorder, or the state of failing to resist, and by inserting the Defendant's sexual organ into the negative part. However, the Defendant did not enter the Defendant's sexual organ into the negative part, and did not commit an attempted crime.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Written statements and certificates of confirmation of the fact of the preparation of E;
1. On-site photographs;
1. Each appraisal request report, gene assessment report, and gene assessment report (diologic analysis), respectively;
1. 수사보고(최초 출동 당시 상황), 수사보고(게스트하우스 남자스텝 전화통화 내용), 수사보고(게스트하우스 여자스텝 전화통화 내용) 법령의 적용
1. Relevant Articles 15 and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act;
1. Statutory mitigation is stipulated in Article 25 of the Criminal Act;