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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
1. On April 8, 2017, at around 04:00, the Defendant: (a) discovered the victim E (one person) and the victim D in front of the F building in Ansan-si, an Ansan-si; (b) discovered the victims who were under the influence of alcohol; (c) confirmed the victims’ condition by shaking them; (d) discovered the victims’ condition; and (e) cut off the victim E’s market price located adjacent to the victim E, one mobile phone of KRW 1,100,000,000, the victim E-owned market price located adjacent to the victim; and (e) stolen the victim by taking a gallon of KRW 7,000,000,000,000 at the gallon-owned market price located adjacent to the victim D, respectively.
2. On April 8, 2017, the Defendant, at the places indicated in paragraph 1, around 04:17, intended to have sexual intercourse with the victim E (the name, the age of 17 years) who was under the influence of alcohol, and was able to have sexual intercourse with the victim E (the name, the age of 17).
The Defendant: (a) led the victim to the first floor of the above F building; (b) sent the chest to the victim's room; and (c) laid the finger into the victim's clothes; and (d) laid the finger into the victim's clothes.
Then, the Defendant, who was in the physical color of the place where the victim would have sexual intercourse, led the victim to the first floor of male toilet, but the door tried to have sexual intercourse again by leading the victim to the first floor above the ground. However, the Defendant did not have attempted to arrest the police officer dispatched by witnessing the victim and reporting him to the above F building 112.
Summary of Evidence
1. Statement by the defendant in court;
1. E’s statement and stenographic records recorded in video recording CDs;
1. A written statement of G and D;
1. Records of prosecutor's seizure, police seizure records, and list of seizure;
1. Each investigation report (No. 7, 16, 22 and 23 No. 5 of the evidence list);
1. Application of Acts and subordinate statutes to the photographs of each case (No. 6,8 No. 1 of the evidence list);
1. Relevant provisions of the Criminal Act and Article 329 of the Criminal Act for the selection of punishment for the crime (a point of intention, a choice of imprisonment), Articles 300, 299, and 297 of the Criminal Act (a point of attempted quasi-rape)
1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act (the punishment shall be imposed) for concurrent crimes.