Text
A defendant shall be punished by imprisonment for one year.
To order the defendant to complete a sexual assault treatment program for 80 hours.
Reasons
Punishment of the crime
【Criminal Power” On November 13, 2013, the Defendant was sentenced to six months of imprisonment for a crime of aiding and abetting in violation of the Game Industry Promotion Act at the Changwon District Court’s common branch, and completed the execution of the sentence at a detention center on February 1, 2014.
(1) On September 29, 2014, at around 04:50, the Defendant discovered that the victim E (the age of 36) entered a vehicle that is parked under the influence of alcohol on the road adjacent to the "Dmotour" located in Young-si, Sin-si, and found that the victim Dabbbbbs off the victim's shoulder by pushing the victim's shoulder, and brought the victim's buck and panty up the victim's buck, and made the victim's bucks up the victim's chest with the left hand, and prevented the victim from resisting the victim's breast part by dividing the victim's breast part into the part of the victim's chest, and added the victim's finger part into the part of the victim's drinking part, and rape the victim by inserting it into the part of the victim's resistance.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. A report of investigation (a report on taking clothes of a victim);
1. On-site reports (CCTV analysis);
1. Previous convictions indicated in judgment: Criminal history records, etc. inquiry report (A), report on the results of confirmation of the previous disposition, and application of Acts and subordinate statutes to investigation reports (verification of repeated crimes);
1. Relevant Article 297-2 of the Criminal Act concerning criminal facts;
1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;
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) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the Defendant has no record of being punished for a sex offense; the Defendant was a contingent crime; and the Defendant was aware of all of the instant crimes; thus, the Defendant appears to have not high risk of recidivism of a sexual crime.