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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 40 hours.
Reasons
Punishment of the crime
The defendant first becomes aware of the victim C (the family name, the female, the age of 18) and the family members of the company, and the victim was first aware of in the workplace education training.
On April 14, 2017, at around 03:00, the Defendant: (a) had a mind to rape the victim while drinking alcohol together with the victim; (b) had both shoulders of the victim who want to return from his room knife the victim knife on her part; (c) had the victim’s chest knife on her part; (d) had the victim’s chest knife on her part; (e) had the victim’s chest knife knife knife knife knife knife knife; and (e) had sexual intercourse by inserting knife knife knife knife knife the victim’s chest, and inserting knife knife into the part of the victim.
Accordingly, the Defendant raped the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness C, F and G;
1. The first written protocol concerning the examination of the suspect against the defendant;
1. C’s statement contained in video recording CDs;
1. A gene appraisal report;
1. Application of each CCTV video CD-related statute;
1. Article 297 of the Criminal Act concerning the facts constituting the crime;
1. The main sentence of Article 21 (2) of the Act on the Protection of Children against Sexual Abuse;
1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the disclosure and notification order of registered information) of the Act on the Protection of Juveniles against Sexual Abuse (the disclosure and notification order of registered information may have a significant impact on the defendant, so prudentness is required.
The crime of this case is not an offense against many unspecified persons, but an offense of the same kind has no record of crime against the defendant, the registration of personal information of the defendant against the defendant, and the completion of the sexual assault treatment program seems to have the effect of preventing the recidivism of the defendant to a certain extent. In addition, in light of all circumstances, such as the defendant's age, sex, family environment, social relationship, etc., the disclosure notification order is compared to the disadvantage and anticipated side effects that the defendant suffers due to the disclosure notification order.