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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 80 hours of sexual assault treatment programs.
Reasons
Punishment of the crime
The Defendant, along with pro-Japanese D on April 6, 2017, drinkd women who drinkd at F main points in Suwon-si E and fourth floor around Suwon-si on April 6, 2017.
The victim G (the life, the age of 20) and the victim's relative H were found who had been drinking, and the victim suggested that they would drink the same alcohol.
At the above main point, Defendant 1, along with D, the victim and H, performed a game that drinks with penalties, and the victim was drunk so that the body could not be properly accumulated.
Accordingly, on April 7, 2017, the Defendant laid down the victim who was cut down around 01:00 and laid down on the sixth floor of the above building, laid down the victim on the cement floor near the boiler room, and had sexual intercourse once.
As a result, the Defendant suffered the left-hand noise patrol, injury, and stress symptoms that need to be treated for about three weeks of sexual intercourse with the victim by taking advantage of the victim's resistance impossible condition.
Summary of Evidence
1. Each legal statement of the witness H, I, J, K, L, G, and D;
1. A protocol concerning the examination of partially the accused by the prosecution;
1. Statement made by the prosecution with regard to G;
1. Each police statement made in relation to H, I, D, and G;
1. Each protocol of seizure and each list of seizure;
1. A medical certificate or an injury medical certificate;
1. Responses to a request for appraisal (2017-H-6605), genetic appraisal reports, and results of analysis of digital evidence;
1. The victim's right-hand knee photo, body photo of the victim's body, cell phone message (Evidence Nos. 38 through 41), defendant's novel and M;
1. A criminal investigation report (emergency implementation), investigation report (a CCTV analysis, such as F drinking house, and attaching video CDs), recording records, and voice files CDs;
1. Application of Acts and subordinate statutes as a result of a factual inquiry and reply to the Suwon Central Hospital;
1. Relevant legal provisions and Articles 301 and 299 of the Criminal Act concerning criminal facts;
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. An order of disclosure; and