Text
A defendant shall be punished by imprisonment for not less than two years and six months.
The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
On February 11, 2013, at the entrance of the dormitory located in Ischeon-si, the Defendant discovered the victim F (n, 27 years of age) who passed the road while driving the E rocketing car, and caused sexual desire to rape the victim, and attempted to stop the victim from driving the said car on the rear side of the victim, and forced the victim to move the vehicle into the said car.
Therefore, when the victim gets out of the defendant, the victim saw the body flag and resisted to get out of the defendant, the victim saw the body flag by hand the victim's head flag, and forced the victim to flag the victim's head flag, the victim flading the victim's head flag, and flading the victim's head flag, the victim flag was not the victim's intention and attempted.
As a result, the defendant suffered a 21-day medical treatment for the victim.
Summary of Evidence
1. Defendant's legal statement;
1. The statement of each police officer made to F and G;
1. A written diagnosis of injury;
1. Application of statutes on site photographs;
1. Relevant Articles of the Criminal Act and Articles 301, 300, and 297 of the Criminal Act concerning the crime;
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 37 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Public Order;
1. Grounds for sentencing under Article 41 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes of Sexual Crimes;
1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years;
2. Reduction elements of Type II (Special Rape) (Special Rape) (Special Rape) among the injury resulting from a sex offense and bodily injury resulting from at least 13 years of age has occurred, but a basic crime is attempted (the area of recommendation and recommendation range), reduction area, two years and six months to five years of imprisonment.