The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

On May 2, 2018, at around 13:20 on May 2, 2018, the Defendant had a view to rapeing the victim E (V), while playing so-called "Yedong" with the victim E (V, 19 years of age) at the friendship house located in the building C in Gwanak-gu, Seoul Special Metropolitan City.

Accordingly, the Defendant laid down the body of the victim who was ir body, added the victim’s two arms, called the victim’s “sea mix”, and tried to put the victim’s clothes into the part of the victim’s sound, and forced him to put the victim’s sexual organ into the part of the victim’s sound, and failed due to the victim’s resistance.

그리고 피고인은 콘돔을 핑계로 성관계를 거부하려는 피해자로부터 “콘돔은 끼었어 ”라는 이야기를 듣자 집 앞에 주차된 자동차 안에서 콘돔을 가지고 돌아와 그 사이에 현장에서 도망치기 위해서 옷을 입고 있던 피해자의 옷을 다시 벗긴 후 피해자의 음부에 자신의 성기를 삽입한 후 성관계가 잘 되지 아니하자 피해자의 음부를 입으로 빤 다음 다시 피해자의 음부에 자신의 성기를 삽입하였다.

Accordingly, the Defendant raped the victim.

Summary of Evidence

Witness

E Legal Statements

1. Each prosecutor's protocol of examination of the accused;

1. Statement E in the police interrogation protocol (second, second, and replacement) of the accused;

1. Statement to E by the police;

1. A complaint;

1. Schemes structure drawings;

1. The list of seizure and the protocol of seizure;

1. Reports on results of analysis of digital evidence and results of analysis;

1. Application of Acts and subordinate statutes to the 112 Reporting Case List (Evidence List No. 2);

1. Article 297 of the Criminal Act applicable to the crimes;

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, Article 49(1) proviso to Article 49(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019) and Article 50 thereof.