Text
A defendant shall be punished by imprisonment for not less than three years and six months.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
On October 2017, the Defendant was at the restaurant operated by the Victim C (Inn, 59 years of age) in the Hanju City of 20:00, while drinking alcohol, and the Defendant was at the restaurant run in the city of 20:00, and the Defendant was at the end of drinking alcohol, the Defendant was able to commit rape with the victim, and the victim was at the above restaurant of the restaurant of her mind to attract the victim, the victim was out of the Defendant’s ppuri, the victim’s breath and panty, and the victim was not able to receive the male from the victim’s body, and there was low CCTV.
In response to the phrase “a victim’s resistance, the victim entered a room attached to the said restaurant, lying the victim on the board, putting the victim on the victim’s body, divided the victim’s body with his body, body, and preventing the victim from resisting the victim’s body, and sexual intercourse by inserting the sexual organ into the victim’s negative part.
Accordingly, the Defendant raped the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. The legal statement of the witness C;
1. Application of Acts and subordinate statutes to each investigation report (the sequence 27,31, 34, 35, 36, 38 of the evidence list);
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 for disclosure, notification, and restriction on employment, 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, the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 16, 2018) of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter referred to as “disclosure
In light of the defendant's age, family environment, social relationship, etc., only the registration of personal information of the defendant and the completion of sexual assault treatment programs can prevent recidivism by the defendant.
In addition, the content and details of the instant crime, disclosure and notification order, and the notification order.