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A defendant shall be punished by imprisonment for five years.
The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.
Reasons
Punishment of the crime
The Defendant was a university student, and the victim B(20) of the second degree intellectually disabled victim B(20) who was a middle school alumni, was assaulted and threatened from time to time by the Defendant on the ground that the victim B(20) of the second degree intellectually disabled person B (20) who was a middle school alumni had been living together with the Defendant, and that he was living together with other friendships;
1. On April 2015, at around 02:00, the Defendant had the victim kneel kelele in front of the bicycle storage unit near the middle school located in Seongbuk-gu Seoul, Seoul, and had the victim enter the victim in front of the Defendant’s gender, and if the victim refuses to refuse to do so, the Defendant sent the same attitude as assaulting the victim as in the usual book if the victim refuses to do so, and made the victim fele enter the Defendant’s gender soon.
2. 피고인은 2015. 8. 22. 01:00 경 서울 성북구 D 부근의 골목길에서 갑자기 화를 내면서 피해자의 멱살을 잡아 골목 안으로 끌고 간 후 뺨을 때리고 양손으로 어깨를 밀쳐 벽에 부딪히게 하며 “ 다른 애들 불러서 너의 집을 부숴 버린다.
B. The victim was unable to resist by being frightened with "Same."
The Defendant forcedly exceeded the clothes of the victim and inserted the Defendant’s sexual organ into the victim’s resistance.
Accordingly, the defendant committed a similar act by assault and intimidation against a person who has a disability twice.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol concerning the examination of the police officers of the accused;
1. Defendant’s written statement
1. Stenographic records;
1. Application of Acts and subordinate statutes to photographs, victim welfare card photographs;
1. Article 6 (2) 1 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 14412, Dec. 20, 2016) on the Punishment, etc. of Sexual Crimes under the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (referring to the acts of
1. Article 37 (former part of Article 37 of the Criminal Code, Article 38 (1) 2 and Article 50 of the Criminal Code [the above-mentioned sentence] shall be heavier.