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A defendant shall be punished by imprisonment for not less than one year and six months.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
The defendant is the husband of the victim C(n, 37 years of age) who is the wife F of E, who is the husband D.
At around 20:00 on December 21, 2013, the Defendant her mother, E, F, her husband, her husband, her husband, and her mother, E, and her mother, E, F, and her husband, and her husband. On December 22, 2013, around 03:00, the Defendant her body was attached to the following behind the victim, etc., under the influence of alcohol in the ward, and the Defendant’s left hand was stored into the victim’s her will and panty, and her finger was collected into the victim’s negative part.
The defendant continued to put the victim's panty and panty into the part of the victim's sound, but the defendant tried to put the victim's panty into the part of the victim's sound. However, the victim did not have the wind.
In this regard, the Defendant attempted to have sexual intercourse with the victim by taking advantage of the victim's mental or physical condition of non-fluence or non-fluence.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. C’s statement;
1. A report on the occurrence of an event, a report on investigation (a list of evidence Nos. 6), an investigation report (a list of evidence Nos. 16);
1. Application of each family relation certificate and each certified copy of the removed family register Acts and subordinate statutes;
1. Articles 300, 299, and 297 of the Criminal Act applicable to the facts constituting an offense;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Grounds for sentencing under Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;
2. The sentencing criteria are not applicable to attempted crimes, since they are the scope of recommended sentences according to the sentencing criteria.