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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 a sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
On February 21, 2017, the Defendant, at the house of the victim D (n, 21 years of age) located in the wife population C (n, 06:10 on February 21, 2017, committed sexual intercourse on one occasion after he/she was exempted from all the Defendant’s subordinate, by causing the victim, who was at a high school under the influence of alcohol, to see himself/herself.
Accordingly, the defendant has sexual intercourse with the victim by taking advantage of mental and physical loss or non-recoverable condition.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of each police suspect against the accused;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes of a response to requests for appraisal with the State;
1. Article 299 and Article 297 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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, and social relationship, the details, circumstances, and result of the instant crime, the prevention of sexual crimes that may be achieved due to the disclosure or notification order, the effect of protecting the victims of such sexual crimes, and the degree of disadvantage suffered by the Defendant due to the disclosure or notification order, anticipated side effects, etc., there are special circumstances in which disclosure or notification of the Defendant’s personal information may not be disclosed or notified.
If a conviction becomes final and conclusive on the criminal facts in the judgment on the registration of new information, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.
Reasons for sentencing
1. Imprisonment with prison labor for a period of one year and six months from six months to fifteen years;
2. The sentencing criteria [types] sex offenses.