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A defendant shall be punished by imprisonment for six months.
To the defendant, the defendant shall complete the sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
On October 1, 2019, at around 20:0, the Defendant, at around 20:00, sent alcohol to the introduction of “C” at the main point of “A” located in the city of Busan, from around 1, 2019, from around 20:0, up to October 2, 2019, the Defendant first sent alcohol to the victim E (the title, the age, the age, the age of 22) and around 00:35, and then, the Defendant, at around 00:47, sent the victim to the victim’s residence near the said main point.
The Defendant, under the influence of alcohol, committed an indecent act by force against the victim, by getting off the victim’s panty and off the panty, under the pretext that the victim was frightened to the victim under the influence of alcohol.
Accordingly, the Defendant, under the influence of alcohol, committed an indecent act on the part of the victim in a state of resistance.
Summary of Evidence
1. The defendant's oral statement (the third trial date);
1. Application of Acts and subordinate statutes to the legal statement of witness E (tentatively named) to the witness E, the accusation book, the email and the police statement of E;
1. Relevant Articles 299 and 298 of the Criminal Act concerning the facts constituting an offense, and Articles 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed through an order to complete imprisonment;
1. Where a conviction on the facts constituting a crime in the judgment that a person subject to the registration and submission of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 59-3(1) of the Act on Welfare of Persons with Disabilities; and Article 43 of the same Act
The defendant's age, occupation, risk of recidivism, type, motive, process, results and seriousness of the crime of this case, and the disclosure order or notification order is exempted from the disclosure order.