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A defendant shall be punished by imprisonment for six months.
To order the defendant to complete a sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
On May 5, 2015, the Defendant: (a) 10:20 around Pyeongtaek-si B, and (b) 10:20 on the side of the victim D (26 years of age) under the influence of alcohol, she was frightened to the victim’s ship by hand; (c) was off the victim’s sexual organ with his/her clothes; and (d) was frightened to the victim’s sexual organ.
Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. Statement made by the police against D;
1. Application of the soup law to female clothes and photographs used by the defendant at the time of committing the crime;
1. Relevant Article of the Criminal Act; Articles 299 and 298 of the Criminal Act; the choice of imprisonment for a crime;
1. Reasons for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order [Scope of Recommendation] General Standard (13 or more persons subject to punishment) in the basic area (6-2 or more years) of the crime of indecent act by force (13 or more persons subject to punishment) / [decision of sentence] in the case of crimes of the same type / The case where the two times punishment have already been imposed but failed to reflect the fact that damage has not been recovered, and other matters prescribed in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's age, sexual behavior, environment, etc., as indicated in the records and arguments of this case, are considered and determined as the sentence as ordered.
Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, such as registering and submitting personal information, the accused is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.
However, the defendant's age, occupation, risk of recidivism, contents and motive of the crime, method of the crime, seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's suffering, and the registration that can be achieved by such order.