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A defendant shall be punished by imprisonment for three years.
The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.
Reasons
Punishment of the crime
On June 10, 2015, the Defendant, at the same workplace located in Daegu Dong-gu D building 404, performed a alcohol with E and his/her female-child-child-child, who is a child or juvenile, (n, 16 years of age).
During that period, E was under the influence of alcohol, the victim, and the defendant should return to the victim's house, and they asked the victim to give eroths to the outside of the door.
Accordingly, the victim who out of the gate voluntarily set up his own territory and was on the rooftop of the above building, and the defendant immediately went back to the victim.
Defendant 1 had a fluent victim on the rooftop of the building above the above day and had a kiscis on the rooftop of the building, placed the victim on the floor, exceeded panty, and had sexual intercourse once.
Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the mental or physical loss of the victim or the impossibility of resistance.
Summary of Evidence
1. Statement by the defendant in court;
1. Stenographic records;
1. Application of Acts and subordinate statutes to each investigation report (Attachment of field photographs and replys to gene assessment reports);
1. Relevant Article 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 299 of the Criminal Act concerning the facts constituting an offense;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. In light of the details of the crime indicated in the records of this case, the relationship between the defendant and the victim, the relationship with the victim, the circumstances after the crime, etc., as prescribed in Article 49 (1) (proviso), Article 50 (1) (proviso) of the Act on the Protection of Children and Juveniles against Sexual Abuse, exempted from an disclosure order and a notification order, there is a risk that the defendant might commit the sexual crime and re-offending;
In light of the degree of exercise of the instant tangible force, the Defendant’s age, sexual conduct, family environment, and social relationship, it is difficult to conclude the registration of personal information and sexual assault treatment programs.