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A defendant shall be punished by imprisonment for five years.
To order the defendant to complete a sexual assault treatment program for 80 hours.
Reasons
Punishment of the crime
From March 2, 2017, the Defendant, from around 23:00 on March 2, 2017 to around 23:0, as well as the victim D (n, 21 years of age) who works together at the restaurant where the Defendant is working, performed drinking together with the working club charges, and was reduced by around 01:53 on March 3, 2017, after drinking the victim, and 209 of the Fnin-ro E located in Seocheon-si, Seocheon-gu, Seocheon-si, and went off the clothes of the victim, and she was raped with the victim by taking advantage of the victim’s resistance impossible state of sexual intercourse, and thereby, the Defendant suffered from injury, such as the outpatient and stroke, the number of days of treatment of which is unknown.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes to a report on internal investigation (F inn's house search and investigation), F inn's house photo, etc., internal investigation report (G inn's house search, investigation, etc.), re-issuance receipts, CCTV photographs, investigation reports (victim's statement), written statements, investigation reports (in response to a request for appraisal), written response to a request for appraisal, legal and chemical appraisal report, narcotics, gene appraisal report, investigation report (in's response to a request for appraisal), investigation report (in's response to the victim's statement, etc.-Submission of the victim's photo), psychological assessment report, diagnosis report, investigation report (in's response to the victim's diagnosis report, etc. and change of the name of the crime), psychological assessment report, diagnosis report, investigation report (in'
1. Relevant legal provisions and Articles 301 and 299 of the Criminal Act concerning criminal facts;
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 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 (no criminal defendant has been punished for any crime including any sexual crime before the instant crime). Considering the details leading to the instant crime, the relationship between the defendant and the victim, the age of the defendant, etc., there is a risk of committing any sexual crime against many unspecified women against the defendant.
It is difficult to conclude, and the defendant.