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A defendant shall be punished by imprisonment for two years.
To order the defendant to complete a sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
The defendant is a Chinese national.
On May 20, 2018, while under the influence of alcohol at around 02:00, the Defendant discovered a victim who was under the influence of alcohol at a bus stop No. 5 dump in Yyang-gu, Goyangyang-gu, Goyang-gu, Yyangyang-gu, and tried to rape the victim's face, she tried to have the victim's face, she was suffering from the victim's absle, and she tried to have the victim's face, she was drinking, but she failed to commit an attempted crime without having the victim's external invasion, "Is liquor tax for homicide," and she tried to commit an attempted crime without having the victim's slebling and intent.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of the 112 Reporting List, photographic Acts and subordinate statutes; and
1. Articles 300 and 297 of the Criminal Act concerning the facts constituting the crime;
1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act, which is statutory mitigation;
1. 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, notify, or restrict employment; 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 proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no same criminal record or any other general risk of recidivism of a sexual crime);
It is difficult to conclude that the defendant has an effect to prevent the re-offending of a crime even with the sentence’s punishment, order to complete a program, and registration of personal information.
In full view of other circumstances such as disclosure order, notification order, and employment restriction order, social benefits expected by sexual crime prevention effect, disadvantage and anticipated side effects of the defendant, there are special circumstances where the defendant's personal information should not be disclosed or notified and the employment restriction order should not be issued.