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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 a sexual assault treatment program for 80 hours.
Reasons
Punishment of the crime
It is the difference between the defendant and the victim C (the family name, the female, the age of 34) and the victim from December 2015 to November 2016.
On May 26, 2017, the Defendant sought from the injured party about the removal work of the bathing room “to substitute for the removal work of the bathing room,” and then visited the victim’s house located in Gwangju-gu around 27th day.
Around 15:10 on May 27, 2017, the Defendant visited the said victim’s house to take a bath room, and then forcedly obstructed the victim from putting the victim in a ward, such as beer and beer, in a ward, in a manner that does not resist by placing the victim on a sofa, in a sofa, in a ward, he was raped by putting the victim’s hand, who is facing with the facing and facing the facing part, and inserting the facing part into the facs of the victim’s sexual organ.
Summary of Evidence
1. Entry of the defendant in part in the first trial record;
1. Statement made by C by the witness in the second public trial protocol;
1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;
1. Statement made by each prosecutor and police with respect to C;
1. Character messages, certificates of medical treatment, receipts, diagnosis certificates, confirmation of the occurrence of the instant accident, medical examination and treatment certificates, medical care benefits details, output of KICS, attachment of text messages, on-site photographs, response to requests for appraisal (2017-W-342), text photographs;
1. Determination as to the assertion by a criminal investigation report (referring to a witness E and F statement hearing report), internal investigation report, the list of reported cases in 112, the criminal investigation report (Submission of a victim’s statement), the defendant, and his/her defense counsel
1. The summary of the defendant's and his defense counsel's assertion is only a sexual intercourse under the agreement with the victim, and there has not been rape by assaulting the victim.
2. The following facts are acknowledged according to the evidence duly adopted and examined by this court.
A. The Defendant and the victim came to know at the Gwangju Sports Center around November 2015 while swimming, and there was a hostile relationship between around December 2015 and around November 2016.
(b)the victim.