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A defendant shall be punished by imprisonment for three years.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
On December 3, 2016, the Defendant, at around 01:00 on December 3, 2016, was aware of “C” with the victim D (at 20 years of age) who drinks alcohol, and the victim wanted to talk by drinking so as to commit rape.
On the same day, the defendant kis on the victim's body who was drunk in Mapo-gu Seoul Metropolitan Government Ma 305 Mobel Ma, and the victim's refusal to do so, booming the defendant by hand, and booming the victim's body, prevented the victim from resisting the victim's body by body, and put the victim's sexual organ into the victim's entrance, and the victim wants to become aware of the victim's sexual organ.
“Along with the Defendant’s chest and shoulder sealed the Defendant’s chest, it continued to be off the victim’s panty and panty, left the victim’s body and prevented the victim from resisting, and sexual intercourse with the victim twice.
Summary of Evidence
1. Legal statement of the witness D;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement made by the prosecutor with respect to the prosecution;
1. Statement made by the police against D;
1. Medical records for victims of sexual assault;
1. An investigation report (Attachment of CCTV images to the F), a photograph of CCTV images to capture, and a CCTV video CD;
1. Investigative report (Attachment of the content of G message sent to the victim by the victim), and details of G message;
1. Application of investigation report (in response to a request for appraisal), and of a response to a request for appraisal;
1. Article 297 of the Criminal Act concerning the facts constituting the crime;
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. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 [the Defendant is the primary offender, and the Defendant’s age, occupation, family environment, social relationship, etc. recognized in the record are restricted to registering personal information of the Defendant and taking lectures to treat sexual assault.