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A defendant shall be punished by imprisonment for not less than two years and six months.
The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.
Reasons
Punishment of the crime
The defendant is the motive of the school, such as the victim C (n, 25 years of age).
around 00:30 on April 7, 2015, the Defendant: (a) around 00:30, at the “Eel” room located in Yeongdeungpo-gu Seoul Metropolitan Government D; (b) at the “F singing room,” the Defendant would bring the same school motives, such as the victim, and the victim under the influence of alcohol after drinking alcohol; (c) and (d) the victim’s business entered the said Mosing room and placed the said her clothes on the bed, and had sexual intercourse once with the victim.
Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental and physical loss and the impossibility of resistance.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to C;
1. Each photograph;
1. The application of the Act and subordinate statutes to reply to a request for appraisal, the results thereof (15th page of evidence records);
1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment and social relationship; (c) details, circumstances, and result of the instant crime; (d) the prevention of sexual crimes subject to registration that may be achieved due to the disclosure and notification order; and (e) the effect of the protection of the victims of sexual crimes subject to registration that may be achieved due to the disclosure and notification order; and (e) the degree of disadvantage suffered by the Defendant due to the disclosure and notification order and anticipated side
If a conviction becomes final and conclusive due to a crime in the judgment on the registration of new information, the defendant is a person subject to registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and such person shall be the competent authority in accordance with Article 43 of