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A defendant shall be punished by imprisonment for not less than two years and six months.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
At around 02:30 on May 10, 2017, the Defendant opened an entrance in front of the female guest room used as the E Hast 4th floor F (W, 21 years old) of F (W, 21 years old) of F (W) of F (W) of F (W) of F (W) of F (W) of F (W) of F, and intruded into the guest room at around 02:37 on the same day, and then opened out of the guest room at around 02:52 on the same day, the Defendant met with the victim’s chest and buckbbbbs by hand, who was under the influence of alcohol at the victim’s side.
As a result, the Defendant invaded the victim's room and committed an indecent act on the part of the victim by using the victim's resistanceable condition.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to F and G;
1. Application of field photographs and CCTV-related Acts and subordinate statutes;
1. Relevant Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319(1) and 299 of the Criminal Act, and the choice of an organic imprisonment with prison labor;
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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, 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 history of sex offense, and in this case, personal information and the completion of a sexual assault treatment program can prevent the defendant from repeating a crime to a certain extent;
Comprehensively taking account of all the circumstances, such as the fact that the defendant's personal information can not be disclosed or notified, there are special circumstances.
[Judgment] Grounds for sentencing
1. The scope of punishment by law: Imprisonment for two years and six months to fifteen years;
2. The range of recommended punishment [the scope of recommended punishment] according to the sentencing criteria shall be the general standard for sex crimes (subject to at least 13 years of age) and the two types of indecent acts (voluntary indecent acts, such as intrusion upon residence) (the person subject to special sentencing).