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A defendant shall be punished by imprisonment for two years.
The defendant shall order the defendant to complete 80 hours of sexual assault treatment programs.
Reasons
Criminal facts
On September 22, 2013, at around 20:0, the Defendant discovered the victim E (influence, 48 years old) who was under the influence of alcohol and brought the female to F Park (F Park).
The defendant, under the influence of alcohol, frightened on the victim's upper part, and frightened on the victim's chest, and frightened on the victim's chest.
In addition, the defendant gets off the victim's panty, putting the hand into the panty, putting the hand into the inside of the victim's panty, and shaking it.
Accordingly, the defendant, using the state of impossible to resist, put the victim's fingers into the victim's sexual intercourse.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes, such as internal investigation reports (No. 8 of the evidence list), field photographs, etc.;
1. Relevant Articles 299 and 297-2 of the Criminal Act concerning the facts constituting an offense;
1. The main sentences of Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Program;
1. Grounds for sentencing in light of Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes subject to Disclosure Orders and Exemption Orders, 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 (in light of favorable circumstances, etc. deemed favorable for sentencing following the sentencing, it is difficult to deem that the accused is likely to recommit sexual crimes, and in full view of all other circumstances, it is difficult to deem that there are special circumstances that the disclosure
1. The crime of this case is a factor that is disadvantageous to the defendant, such as the fact that the defendant discovered friendlyly from the street, and that the spawn female will be 40 minutes of breast with the park sperm, or that similar rape was very bad in the nature of the crime by inserting fingers by inserting fingers, and that the victim was a considerable physical and mental shock due to the crime of this case, and the damage therefrom has not been recovered, etc.
On the other hand, all of the facts charged by the Defendant.