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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
On June 2, 2012, around 00:10 on June 2, 2012, the Defendant: (a) at women’s toilets located in the north-gu Ccafeteria in the port-si, the Defendant: (b) had the victim D (here, 29 years of age) finished and forced to commit an indecent act; (c) had the victim’s head and line into the toilet; (d) had the victim’s chestd into the toilet; and (e) had the victim’s chestd.
Accordingly, the victim resisted from the port of resistance while getting the Defendant's sexual flag, and the escape from the toilet entrance was taken, and the defendant again gets the victim's head, knife the victim's head, and knife the victim's face and knife.
As a result, the defendant forced the victim to commit an indecent act, and in the process, the victim suffered bodily injury, such as brain salvy which requires treatment for about two weeks.
Summary of Evidence
1. Defendant's legal statement;
1. Statement by the prosecution concerning D;
1. Each police statement of E and F;
1. A criminal investigation report (Attachment toCCTV fixs) and a criminal investigation report (Attachment to a medical certificate);
1. Application of the Acts and subordinate statutes to photographs, such as toilets, and medication;
1. Relevant Articles of the Criminal Act and Articles 301 and 298 of the Criminal Act concerning the crime;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;
1. Article 37 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Public Order;
1. Grounds for sentencing under Article 41 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes of Sexual Crimes;
1. The scope of punishment by law: Imprisonment for not less than two years and not more than six months but not more than fifteen years;
2. Scope of recommendations on the sentencing criteria: Imprisonment with prison labor for not less than two years and not more than six months but not more than four years: sex crime group, where the result of injury or injury occurs, and where the first type of injury or injury to be injured not less than 13 years old or older - No special person under special mitigation - The area of recommendations on the area of recommendation on injury to be reduced: Imprisonment for not less than two years and not more than four years;