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A defendant shall be punished by imprisonment for five years.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Reasons
Criminal facts
On October 2013, at around 11:30, the Defendant opened a gate with the victim D (n, 71 years of age) located in Shys C and intruded into the victim’s residence before the victim’s bath, and opened a bath door and seeing the victim’s bath, the Defendant: (a) told the victim to rape; (b) took off the victim’s clothes where he was suffering from the bath; and (c) took off the victim’s her clothes where he was walking from the bath to the bath; and (d) pushed the victim’s her arm’s son who escaped from the bath to the bath; and (d) her her son’s son who escaped from the bath to the bath; and (d) her her son’s son’s body was lying down immediately above the floor; and (e) her raped the victim’s body with the Defendant’s body; and (e) her raped the victim by sexual intercourse once.
Summary of Evidence
Defendant’s legal statement
Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Article 3 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Article 297 of the Criminal Act; Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Disclosure Order under Article 16(2) of the Criminal Act; Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Article 49(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Article 49(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment of Sexual Crimes
Reasons for sentencing
1. Scope of applicable sentences under law: Imprisonment with prison labor for up to 5 years;
2. Scope of the sentencing guidelines: Imprisonment with prison labor for five to eight years (determination of a sentence), general standards, rape (subject to at least 13 years of age), Type 2 (Rape, etc.) (determination of the recommended area and recommendation), the basic area of the punishment, five to eight years of imprisonment.