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A defendant shall be punished by imprisonment for not less than eight months.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
1. The Defendant, from around 23:00 on September 13, 2017 to around 24:00, at the main point of “C” located in Jeju-si B, the Defendant expressed that he would drink with the victim D (n, 26 years of age) by a private person of the same school with the victim D (n, the victim). On the face of the victim, the Defendant committed an indecent act by force against the victim by putting his face into the victim’s face after having her own face into the victim’s face, and by making it fit to the victim’s entrance and scke.
2. 피고인은 2017. 9. 14. 02:57 경부터 03:53 경 사이에 제주시 E 모텔’ F 호 객실 내에서, 피해자와 마주보고 앉아 얘기하다가 갑자기 피해자에게 “ 말을 얄밉게 한다, 때리고 싶다 ”라고 말하면서 자신의 뺨을 피해 자의 뺨에 수회 비벼 피해자를 강제로 추행하였다.
Summary of Evidence
1. Each legal statement of the witness D, G, H, I, and J;
1. Statement made by the prosecution with regard to G;
1. Statement made by the police with regard to D;
1. Written statements or K text messages (from 118 to 120 pages of evidence records);
1. Complaint;
1. A investigation report (the results of the verification of CCTV images in the instant site), CCTV images, CCTV images, and photographs to capture the CCTV images;
1. The details of currency and text messages;
1. Photographs;
1. Currency details;
1. A criminal investigation report (explosion of the site), on-site photographs;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
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. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to registration and submission of personal information under the main sentence of Article 56(1) and Article 56(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to relevant agencies pursuant to Article 43 of the same
The defendant's age, occupation, family environment, and social.