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A defendant shall be punished by imprisonment for three years.
The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.
Reasons
Punishment of the crime
The defendant was the victim D (the family name, the female, and the age of 22) of the victim who was sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexual
1. Around 13:00 on May 20, 2018, the Defendant, at the house of the above B located in Daegu Northern-gu, Daegu Northern-gu E, performed drinking together with the said B, C, and the victim, and had sexual intercourse with the victim by reporting the victim, who was drunkly under the influence of alcohol, and who was locked in the bed in the bed.
Accordingly, the Defendant had sexual intercourse with the victim by taking advantage of the fact that the victim was unable to resist due to being drunk.
2. The Defendant, at the same time and place as set forth in paragraph (1), reported the Defendant, who had been raped by the victim at a locking point, and resisted the Defendant’s part by both hand, and resisting the Defendant’s part by hand, but the Defendant divided the Victim’s body into the Defendant’s body, divided the Victim’s body into a canter with the Defendant’s two hands, suppression the Victim’s resistance, and sexual intercourse with the victim.
Accordingly, the Defendant raped the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of D (tentative name) and C;
1. Application of Acts and subordinate statutes to internal investigation reports (including evidence list Nos. 6 and accompanying materials), internal investigation reports and accompanying materials, investigation reports (including evidence list Nos. 17, 21 and each accompanying material);
1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense and Article 297 of the Criminal Act;
1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (Aggravation of concurrent crimes prescribed for the crime of rape with heavier penalty);
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;
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, and 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; Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018).