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A defendant shall be punished by imprisonment for not less than eight months.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
The defendant is an instructor who instructs drums, and the victim D(n, 18 years old) is a student of drums.
1. On March 7, 2017, the Defendant committed an indecent act by deception and force against the victim under his/her protection and supervision over his/her duty nine times in total, including the victim’s chest, in a drum practice room located in Gangdong-gu Seoul E and the first underground floor after the drum map was completed. The Defendant committed an indecent act by deception and force against the victim under the victim’s protection and supervision over his/her duty, in a total of nine times from that time until May 31, 2017.
2. On April 30, 2017, the Defendant forced indecent conduct is taking charge of the arms and legs by iceing the pressure of the victim at the place specified in paragraph (1) around April 30, 2017.
“Before June 17, 2017, there was an indecent act by force against the victim’s face,” and the victim forcedly committed seven times in total as shown in [Attachment List 2] from that time until June 17, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement made by the police against D;
1. Application of F message statutes;
1. Article 10(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the corresponding provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of indecent act by any occupational power), Article 298 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order, where the nature of the crime is not good due to an indecent act against the age students, and where the crime continues to be committed during the period in which the public performance and obscenity was prosecuted and tried, the fact that the defendant did not agree with the victim, and other reasons.