Text
A defendant shall be punished by imprisonment for three years.
To order the defendant to complete a sexual assault treatment program for 80 hours.
Reasons
Punishment of the crime
On April 20, 2019, around 01:30 on April 20, 2019, the Defendant, at the “D’s main point of the operation of the Seoul Special Metropolitan City Nowon-gu B and the 1st underground floor C, had the victim E (one’s name, 30 years of age) who ever worked together with the victim E (the victim) who is the right student, had the victim committed an indecent act against the victim in the toilet while drinking the alcohol.
In the above toilets, the Defendant pushed the victim who was reporting the urine into the toilet, boomed the victim's left chest by hand, displayed obscenity images stored in the Defendant's cell phone, boomed the victim's left chest by gathering the victim's hand into the victim's inner part, booming the victim's chest by continuously putting the victim's clothes into the inner part, booming the victim's chest by cutting down the victim's chest into the upper part, and boomed the victim's chest by hand.
Accordingly, the defendant invadedd the room possessed by the victim and forcedly commits an indecent act against the victim.
Summary of Evidence
1. Court statement of the defendant (the second trial date);
1. Each police statement made to E (alias) and C;
1. Application of each investigation report (Attachment to CDs, etc., and hearing victim E phone statement);
1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Articles 319 (1) and 298 of the Criminal Act concerning the facts constituting an offense;
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. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Public Disclosure and Notice Orders and the Punishment, etc. of Sexual Crimes Exempted from Employment Restriction Orders, 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 proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); and