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Defendant shall be punished by imprisonment for not less than two years and six months.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
The defendant and the victim B (the age of 20) came to know at the online game site, and the two persons became the first day on March 15, 2018.
around March 17, 2018, the Defendant was accommodated with the victim in DMoel E located in Gannam Kim Jong-si, Kim Jong-si around 17, 2018. At the time of the new wall, the victim was locked first.
Accordingly, the Defendant drinked the victim’s mind to rape from 05:00 to 06:00 on the same day, and her panty of the victim, laid off the victim’s shoulder, her panty, her panty, and inserted the victim’s panty into the negative part.
Accordingly, the defendant has sexual intercourse with the victim in a state of mental or physical disability or impossibility.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the police protocol protocol law to B
1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;
1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following favorable sentencing grounds):
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;
1. 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 and an employment restriction order; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on Welfare 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); the proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); Article 59-3(1) proviso to the Act on Welfare of Persons with Disabilities; and Article 59(1) proviso to the Act on the Protection of Children and Juveniles against Sexual Abuse.