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A defendant shall be punished by imprisonment for not less than one year and six months.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
On March 29, 2018, at around 04:00, the Defendant, at the residence of the Defendant, tried to have a sexual relationship with the victim D (the family name, the leisure, and the age of 20) (the age of 20) who fested alcoholic beverages together with drinking at the address of the Defendant, and went together to the same place, and refused to enter the victim’s body, thereby preventing him from entering the victim’s body with a knifeing the knife with the knife of the knife, or as soon as the knife would do so).
The defendant continued to see that the victim's windows are "string off," and put his arms on his hand, put them on the wall, and gather the defendant's sexual flag into the victim's entrance.
Accordingly, the Defendant, after assaulting or threatening the victim, committed similar rape by inserting the victim's sexual organ into the mouth of the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness D;
1. Investigation report (in response to a request for appraisal);
1. E-ray screen of a conversation;
1. Application of statutes to the victim's written opinion;
1. Relevant Article 297-2 of the Criminal Act concerning criminal facts;
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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;
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; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; the Defendant’s age, character and behavior; family environment; social ties; criminal records; risk of recidivism; details and motive of the crime; the method and consequence of the crime; the degree of disadvantage and anticipated side effects of the Defendant’s injury due to an order to disclose or notify information; the effect of preventing sexual crimes subject to registration that may be achieved; and the protection effect of the victim; thus, the Defendant is determined to have a special reason that