Text
A defendant shall be punished by imprisonment for not less than one year and six months.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
On February 24, 2019, at around 04:30 on February 24, 2019, the Defendant collected the victim's chests by gathering the victim's fingers from his own house located in Seo-gu, Seo-gu, Gwangju building C, and putting them into the part of the victim's fingers by gathering the victim's fingers, taking the victim's fingers by hand, and putting them into the part of the victim's fingers at this time.
Accordingly, the Defendant raped the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement regarding D;
1. Written statements of D;
1. A complaint;
1. Application of Acts and subordinate statutes to a report on internal investigation (the receipt of a written complaint and the closure of the contents of a Facebook dialogue) and a report on investigation (related to attachment of the contents of a Facebook dialogue between a suspect and the victim);
1. Relevant Article 297-2 of the Criminal Act concerning criminal facts;
1. Mitigation of discretionary mitigation under Articles 53 and 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;
1. In full view of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; (b) 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 fact that the defendant has no record of being punished for a sex offense; and (c) the registration of personal information of the defendant against the defendant and the completion of sexual assault treatment programs, it appears that the defendant can have an effect to prevent recidivism even; (d) the defendant’s age, occupation, family environment, social relationship; (e) the details and process of the instant crime; (e) the method and consequence of the instant crime; and (e) other matters such as the benefits expected by an order to disclose or notify the information;
1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment restriction order;